Background
Shawn Fackelman appealed from the Circuit Court for Marion County in lower-tribunal case number 2009-CF-004125-A. The Fifth District identified the proceeding as a “3.800 Appeal,” referring to Florida Rule of Criminal Procedure 3.800.
Fackelman represented himself. The State of Florida made no appearance in the appeal. The opinion provides no additional facts, procedural history, or description of the circuit court’s ruling.
The Court’s Holding
The Fifth District Court of Appeal affirmed the circuit court’s ruling.
The court issued a per curiam decision consisting only of the word “AFFIRMED.” It supplied no reasoning and did not identify the particular arguments Fackelman raised or the grounds supporting the affirmance.
Key Takeaways
- The Fifth District affirmed the ruling under review in Fackelman’s Rule 3.800 appeal.
- The decision was per curiam and included no written legal analysis.
- Chief Judge Jay and Judges Wallis and Boatwright concurred.
Why It Matters
The decision leaves the circuit court’s ruling in place but offers no explanation that attorneys can use to assess the merits of Fackelman’s arguments or the court’s interpretation of Rule 3.800.
The opinion states that it is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.