Foster v. State — First District summarily affirmed criminal judgment

Case
Jerry Keane Foster, Jr. v. State of Florida
Court
Florida First District Court of Appeal
Judge
Osterhaus, C.J.; Lewis, J.; Ray, J.
Date Decided
October 19, 2026
Docket No.
1D2025-1439
Topics
Criminal Appeal; Per Curiam Affirmance; Florida Appellate Procedure
Source
Read the full opinion

Background

Jerry Keane Foster, Jr. appealed from a judgment of the Circuit Court for Escambia County, where Circuit Judge John Simon, Jr. presided. The State of Florida was the appellee.

The First District’s opinion does not describe the underlying charges, the circuit court’s ruling, Foster’s appellate arguments, or the relevant facts. Foster was represented on appeal by the Public Defender’s Office, and the State was represented by the Attorney General’s Office.

The Court’s Holding

The Florida First District Court of Appeal affirmed the circuit court’s judgment in a per curiam decision. Chief Judge Osterhaus and Judges Lewis and Ray concurred.

The court provided no reasoning, legal analysis, or discussion of the issues presented. The opinion therefore establishes only that the judgment under review was affirmed; it does not disclose the panel’s basis for affirmance.

Key Takeaways

  • The First District affirmed the Escambia County circuit court’s judgment.
  • The decision was unanimous and issued per curiam.
  • Because the opinion contains no facts or analysis, it does not identify the appellate issues or explain why the judgment was affirmed.

Why It Matters

The decision ends Foster’s appeal in the First District unless altered through a timely and authorized motion under Florida Rule of Appellate Procedure 9.330 or 9.331. Because the court issued an unexplained per curiam affirmance, the opinion offers no substantive guidance for attorneys or lower courts beyond the result in this case.

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