Background
Alexander James Wiggins appealed from an order of the Circuit Court for Duval County, presided over by Judge Mark J. Borello. This was a post-conviction relief appeal under Florida Rule of Criminal Procedure 3.850, in which Wiggins, appearing pro se, sought to challenge his conviction. The State of Florida, represented by the Attorney General’s office, opposed the appeal.
The Court’s Holding
The Fifth District Court of Appeal affirmed the circuit court’s order in a per curiam opinion. The appellate court issued no written opinion explaining its reasoning, issuing only a one-word affirmance. Justices Edwards, Eisnaugle, and Kilbane concurred in the decision.
Key Takeaways
- The lower court’s order denying post-conviction relief was upheld without opinion
- Wiggins’ pro se 3.850 petition did not succeed on appeal
- The decision is not yet final pending any timely motion under Florida Rule of Appellate Procedure 9.330 or 9.331
Why It Matters
This decision affirms the finality of the trial court’s post-conviction relief ruling. Without a written opinion, the appellate court has provided no explanation for why Wiggins’ claims for relief were rejected, leaving limited guidance on the grounds for affirmance. Practitioners should note that the decision remains non-final during the window for motions for reconsideration.