Gilyard — Fifth DCA affirmed without a written opinion

Case
Lamontique L. Gilyard v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Edwards; Eisnaugle; Kilbane
Date Decided
September 1, 2026
Docket No.
5D2026-0846
Topics
Criminal Law; Sentencing; Rule 3.800; Per Curiam Affirmance
Source
Read the full opinion

Background

Lamontique L. Gilyard appealed from the Circuit Court for Duval County in a proceeding identified as a Florida Rule of Criminal Procedure 3.800 appeal. Circuit Judge Meredith Charbula entered the ruling under review.

Gilyard represented himself on appeal. The State was represented by Attorney General James Uthmeier and Assistant Attorney General Amanda Uwaibi.

The Court’s Holding

The Florida Fifth District Court of Appeal affirmed the circuit court’s ruling.

The per curiam decision provided no reasoning, described no underlying sentencing claim, and identified no legal issue resolved beyond the affirmance. Judges Edwards, Eisnaugle, and Kilbane concurred.

Key Takeaways

  • The Fifth District affirmed the circuit court’s ruling in Gilyard’s Rule 3.800 proceeding.
  • The court issued a per curiam affirmance without a written explanation.
  • The decision was not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Why It Matters

The decision leaves the circuit court’s ruling intact but supplies no written analysis for attorneys or lower courts to apply in other cases. Because the opinion does not describe Gilyard’s claim or the basis for affirmance, its significance is confined principally to the disposition of this appeal.

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