Hicks v. State — Third District affirmed without explaining its reasoning

Case
Tommie J. Hicks v. State of Florida
Court
Florida Third District Court of Appeal
Judge
LOGUE (Rick Scott, 2012); GORDO (Ron DeSantis, 2019); BOKOR (Ron DeSantis, 2020)
Date Decided
August 13, 2026
Docket No.
3D26-1241
Topics
Criminal Appeal; Summary Affirmance; Pro Se Litigation
Source
Read the full opinion

Background

Tommie J. Hicks appealed from a ruling of the Circuit Court for Miami-Dade County in lower-tribunal case number F80-19589A. Circuit Judge Richard Hersch entered the ruling under review.

Hicks represented himself on appeal. The State of Florida was represented by Attorney General James Uthmeier. The appeal proceeded under Florida Rule of Appellate Procedure 9.141(b)(2), but the opinion did not describe Hicks’s arguments, the underlying ruling, or the facts of the case.

The Court’s Holding

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

The per curiam opinion consisted solely of the word “Affirmed” and supplied no reasoning or legal analysis. It therefore does not identify the grounds for affirmance or establish how the panel evaluated any issue Hicks raised.

Key Takeaways

  • The Third District left the circuit court’s ruling in place.
  • Judges Logue, Gordo, and Bokor comprised the panel.
  • The opinion provides no factual discussion, legal reasoning, or explanation of the issues presented.

Why It Matters

The decision resolves Hicks’s appeal in the State’s favor but offers no reasoning for attorneys to apply in other cases. Its practical significance is limited to the affirmance of the lower court’s ruling on the record before the panel.

The opinion states that it is not final until disposition of any timely filed motion for rehearing.

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