CHARITE v. STATE (2018)

Appellant currently has two summary postconviction appeals pending in this court, case numbers 2D18-3296 and 2D18-3298. Appellant's “notice for clarification” filed in both case numbers is granted only to the extent as outlined below.

2D18-3296 involves judicial review of three circuit court orders: (1) the circuit court order rendered July 13, 2018, which denied appellant's two motions for postconviction relief filed in the circuit court on August 19, 2015, and on June 21, 2017; (2) the circuit court order rendered July 16, 2018, which dismissed appellant's successive motion for postconviction relief filed in the circuit court on January 31, 2018; and (3) the circuit court order rendered July 16, 2018, which denied appellant's amended motion for postconviction relief filed in the circuit court on April 18, 2018.

This court notes that the summary postconviction record transmitted by the Collier County Clerk of the Circuit Court for 2D18-3298 is identical to the record transmitted for 2D18-3296. Accordingly, case number 2D18-3298 is dismissed as duplicative of case number 2D18-3296, which remains pending.

Appellant's motion for an extension of the time to file an initial brief for 2D18-3296 is granted to the extent that appellant may file an optional initial brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 60 days from the date of this order. Appellant's motion for an extension of the time to file an initial brief for 2D18-3298 is dismissed as moot.

BY ORDER OF THE COURT:

SILBERMAN, BADALAMENTI, and ROTHSTEIN-YOUAKIM, JJ., Concur.