McCarter v. State of Florida — Appellate court affirms lower court decision in criminal appeal

Case
Carlos Dewayne McCarter v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
MAKAR (Ron DeSantis, 2023); WALLIS (Rick Scott, 2013)
Date Decided
July 14, 2026
Docket No.
5D2024-3036
Topics
Criminal Appeal, Florida Appellate Review
Source
Read the full opinion

Background

Carlos Dewayne McCarter appealed a decision from the Clay County Circuit Court (trial court case no. 2021-CF-001306). The Fifth District Court of Appeal reviewed the lower court’s judgment in this criminal matter.

The Court’s Holding

The Fifth District Court of Appeal affirmed the lower court’s decision in its entirety. The court issued a per curiam opinion with no written explanation of its reasoning, indicating unanimous agreement among the three-judge panel (Judges Makar, Wallis, and Eisnaugle).

Key Takeaways

  • The appellate court affirmed the trial court’s judgment without modification.
  • The decision is subject to further review only through authorized motions under Florida Appellate Procedure rules 9.330 or 9.331.
  • This is a bare affirmance with no written rationale provided by the appellate panel.

Why It Matters

While the opinion provides no substantive reasoning, bare affirmances in criminal appeals typically signal appellate agreement with the lower court’s decision. McCarter’s remedies are now limited to seeking discretionary review through authorized post-decision motions or potential extraordinary relief.

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