What did the appeals court decide?

The Fifth District Court of Appeal affirmed the trial court's decision, meaning the lower-court judgment stands.

Who does this affect?

It affects appellant Calvin W. Thomas and the State of Florida; the underlying conviction or sentence affirmed remains in effect for Mr. Thomas.

Why did the court affirm?

The opinion gives no explanation; it is a short per curiam affirmance stating only AFFIRMED, so no reasons were provided in the written entry.

Can this decision be appealed further?

A party may seek discretionary review by the Florida Supreme Court, subject to its rules and deadlines, or file any timely and authorized motions in the district court under Fla. R. App. P. 9.330 or 9.331.

Calvin W. Thomas v. State of Florida

Docket 5D2024-1413

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealAffirmed

Filed: Apr 28, 2026 · 3 days ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Criminal Appeal
Disposition: Affirmed
Docket: 5D2024-1413

Appeal from a criminal conviction and sentence in the Circuit Court for Seminole County (case no. 2021-CF-002818-A).

Summary

The Fifth District Court of Appeal affirmed the trial court's judgment in a criminal case. Calvin W. Thomas appealed a Seminole County circuit court decision; the appellate panel issued a brief per curiam opinion on April 28, 2026, simply stating AFFIRMED. The court did not elaborate its reasoning in the published entry and the three-judge panel concurred. No additional factual findings, legal analysis, or instructions were included in the opinion.

Issue Decided

Whether the trial court's judgment in the underlying criminal case should be reversed (specific issues not stated in the opinion).

Court's Reasoning

The opinion is a per curiam affirmance and contains no stated reasoning. The panel affirmed the lower court's judgment without explanation, indicating the appellate court found no reversible error on the record before it.

Parties

Appellant: Calvin W. Thomas
Appellee: State of Florida
Judge: William S. Orth
Attorney: Matthew J. Metz, Public Defender
Attorney: Susan A. Fagan, Assistant Public Defender
Attorney: James Uthmeier, Attorney General
Attorney: Daniel P. Caldwell, Assistant Attorney General

Key Dates

District court decision date: 2026-04-28

What You Should Do Next

1
Consider filing motions in the district court
If appropriate, the appellant can file timely and authorized motions under Florida Rule of Appellate Procedure 9.330 (rehearing) or 9.331 (certification), as noted in the opinion.
2
Evaluate seeking Florida Supreme Court review
If there are substantial federal or state law issues or conflicts among districts, counsel should assess whether to seek discretionary review by the Florida Supreme Court and prepare a jurisdictional brief if warranted.
3
Consult counsel about post-affirmance options
Defense counsel should advise the appellant on collateral remedies or sentencing relief options, and ensure compliance with any remaining obligations arising from the affirmed judgment.

Frequently Asked Questions

What did the appeals court decide?: The Fifth District Court of Appeal affirmed the trial court's decision, meaning the lower-court judgment stands.
Who does this affect?: It affects appellant Calvin W. Thomas and the State of Florida; the underlying conviction or sentence affirmed remains in effect for Mr. Thomas.
Why did the court affirm?: The opinion gives no explanation; it is a short per curiam affirmance stating only AFFIRMED, so no reasons were provided in the written entry.
Can this decision be appealed further?: A party may seek discretionary review by the Florida Supreme Court, subject to its rules and deadlines, or file any timely and authorized motions in the district court under Fla. R. App. P. 9.330 or 9.331.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

FIFTH DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                     Case No. 5D2024-1413
                 LT Case No. 2021-CF-002818-A
                 _____________________________

CALVIN W. THOMAS,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Seminole County.
William S. Orth, Judge.

Matthew J. Metz, Public Defender, and Susan A. Fagan,
Assistant Public Defender, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Daniel P.
Caldwell, Assistant Attorney General, Daytona Beach, for
Appellee.


                         April 28, 2026


PER CURIAM.

    AFFIRMED.


MAKAR, SOUD, and KILBANE, JJ., concur.
          _____________________________

Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
           _____________________________




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