Background
Livingston Jarrod Winters appealed to the Florida Fifth District Court of Appeal from the Circuit Court for Putnam County in a proceeding identified by the appellate court as a “3.850 Appeal.” The lower tribunal case number is 2017-CF-1649, and the circuit judge identified in the appellate caption is Alicia R. Washington. The State of Florida was the appellee.
The public appellate document is a one-page per curiam order followed by the court’s standard finality notation. It identifies Matthew R. McLain, of McLain Law, P.A., Longwood, as counsel for Winters. For the State, it identifies Attorney General James Uthmeier, Tallahassee, and Assistant Attorney General Rebecca Rock McGuigan, Daytona Beach.
The order does not describe the underlying conviction, sentence, claims raised in the postconviction motion, or the circuit court’s reasoning. It also does not identify any evidentiary hearing, factual findings, or particular issue presented on appeal. Accordingly, those matters cannot be determined from the supplied public disposition.
The Court’s Holding
The Fifth District issued a per curiam order stating only: “AFFIRMED.” Judges Makar, Boatwright, and Kilbane concurred. The order therefore leaves the circuit court’s disposition in place, but it supplies no written explanation for the affirmance.
Because the appellate court provided no reasoning, the public order does not establish which arguments Winters advanced, whether any argument was rejected on procedural grounds, or whether the court addressed the merits. It would be speculative to characterize the decision as applying de novo review, deferring to factual findings, resolving a forfeiture issue, or adopting any particular legal rule.
The order also states that it is “Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.” That statement concerns the appellate order’s finality; it does not add a substantive holding or explain the circuit court proceedings.
Key Takeaways
- The Fifth District affirmed in Winters’s appeal from the Putnam County circuit court in a case designated as a “3.850 Appeal.”
- The disposition was per curiam, with Judges Makar, Boatwright, and Kilbane concurring.
- No public reasoning, factual discussion, claim-by-claim analysis, or legal standard appears in the supplied order.
- The order is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.
Why It Matters
This is a concise disposition notice rather than a substantive opinion summary. The verified outcome is an affirmance, but the absence of written reasoning limits its usefulness as authority on the merits of any postconviction claim. Attorneys should not infer from this order alone a ruling on ineffective assistance, newly discovered evidence, sentencing, timeliness, successive motions, or any other issue.
The caption and docket information provide a starting point for obtaining the circuit court order, postconviction motion, response, and appellate briefs. Those materials would be necessary to determine the claims presented and the procedural or factual basis for the judgment below.