Background
John D. Souter, Jr., proceeding without counsel, appealed from the Circuit Court for Lake County in a proceeding identified as a Florida Rule of Criminal Procedure 3.800 matter. Circuit Judge Cary Frank Rada entered the ruling under review.
The Fifth District’s brief opinion does not describe Souter’s sentence, the arguments raised in his Rule 3.800 proceeding, or the circuit court’s reasoning. The State was represented on appeal by the Attorney General’s Office.
The Court’s Holding
The Fifth District Court of Appeal affirmed the circuit court’s ruling. The appellate court issued a per curiam decision, and Judges Makar, Wallis, and MacIver concurred.
The court cited Maye v. State, 51 Fla. L. Weekly S116 (Fla. May 14, 2026), as the authority for its disposition. It provided no additional analysis and did not separately address the facts or legal arguments in Souter’s case.
Key Takeaways
- The Fifth District affirmed the ruling in Souter’s Rule 3.800 proceeding.
- The decision rests on the Florida Supreme Court’s May 2026 decision in Maye v. State.
- Because the opinion contains no factual or legal analysis, it does not reveal the specific sentencing claim Souter presented.
Why It Matters
The decision shows the Fifth District applying Maye to dispose of a Rule 3.800 appeal. Its practical significance beyond Souter’s case cannot be assessed from the opinion alone because the court did not explain the underlying claim or how Maye controlled it.
The opinion was designated nonfinal until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.