Collito — Fifth District affirmed without a written explanation

Case
Matthew Collito v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
WALLIS (Rick Scott, 2013); Soud (Ron DeSantis, 2022)
Date Decided
July 30, 2026
Docket No.
5D2026-0572
Topics
Criminal Appeals, Rule 3.800, Summary Affirmance
Source
Read the full opinion

Background

Matthew Collito appealed from the Circuit Court for Hernando County, where Circuit Judge Stephen E. Toner, Jr. presided. The Fifth District identified the proceeding only as a “3.800 Appeal,” referring to Florida Rule of Criminal Procedure 3.800.

Collito represented himself. The opinion does not describe his arguments, the State’s response, the circuit court’s ruling, or the sentence at issue.

The Court’s Holding

The Fifth District affirmed the circuit court in a per curiam decision. The opinion contains no analysis or explanation beyond the word “AFFIRMED.”

Judges Wallis, Soud, and MacIver concurred. The decision 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.

Key Takeaways

  • The Fifth District affirmed the appealed circuit-court ruling.
  • The appeal arose under Florida Rule of Criminal Procedure 3.800.
  • The court provided no facts, reasoning, or description of the ruling under review.

Why It Matters

Because the court issued an unexplained per curiam affirmance, the opinion resolves Collito’s appeal but supplies no written reasoning for attorneys to apply in other Rule 3.800 cases.

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