Colbert Cherubin v. State of Florida
Docket 6D2023-3386
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Florida
- Court
- District Court of Appeal of Florida
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Docket
- 6D2023-3386
Appeal from the Circuit Court for Polk County (criminal case CF17-009910-XX).
Summary
The Sixth District Court of Appeal reviewed an appeal by Colbert Cherubin from a Polk County circuit court decision and, in a per curiam opinion, affirmed the lower court's judgment. The opinion contains no extended discussion, reasoning, or explanation beyond the court's unanimous decision to affirm. The panel consisted of Judges Smith, Brownlee, and Kamoutsas, and counsel for both sides are noted. The decision was entered April 21, 2026, and is subject to the normal deadline for a motion for rehearing.
Issue Decided
- Whether the circuit court's judgment in case CF17-009910-XX should be reversed.
Court's Reasoning
The opinion is per curiam and contains only the Court's conclusion to affirm without stated reasoning. Because no opinion text explaining legal analysis or factual application is provided, the appellate court affirmed the lower court's judgment without published explanation.
Parties
- Appellant
- Colbert Cherubin
- Appellee
- State of Florida
- Judge
- Sharon M. Franklin
- Attorney
- Amanda Peterson
- Attorney
- James Uthmeier
- Attorney
- Helene S. Parnes
- Attorney
- James Hellickson
Key Dates
- Decision date
- 2026-04-21
What You Should Do Next
- 1
Consider motion for rehearing
If the appellant wishes to challenge the affirmance, file a timely motion for rehearing in the Sixth District Court of Appeal within the court's prescribed deadline.
- 2
Evaluate petition for review
If rehearing is denied, consider whether grounds exist to petition the Florida Supreme Court for review; consult counsel about criteria for discretionary review.
- 3
Consult counsel about post-conviction options
If this is a criminal conviction, discuss with an attorney whether post-conviction relief (for example, a motion under rule 3.850) or federal habeas review might be appropriate.
Frequently Asked Questions
- What did the appeals court decide?
- The appeals court affirmed the circuit court's judgment; the brief opinion gives no explanation.
- Does this mean the appellant lost?
- Yes. Affirmance means the court upheld the lower court's decision against the appellant.
- Can this decision be challenged further?
- Potentially; the appellant may seek rehearing in the district court within the applicable deadline or, in limited circumstances, seek review by the Florida Supreme Court.
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
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2023-3386
Lower Tribunal No. CF17-009910-XX
_____________________________
COLBERT CHERUBIN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
Appeal from the Circuit Court for Polk County.
Sharon M. Franklin, Judge.
April 21, 2026
PER CURIAM.
AFFIRMED.
SMITH, BROWNLEE and KAMOUTSAS, JJ., concur.
Amanda Peterson, of Law Offices of Peterson, P.A., Mulberry, for Appellant.
Colbert Cherubin, Live Oak, pro se.
James Uthmeier, Attorney General, Tallahassee, and Helene S. Parnes, Senior
Assistant Attorney General, and James Hellickson, Assistant Attorney General,
Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED