What did the court decide?

The appellate court affirmed the circuit court's ruling on Simpson's Rule 3.800 postconviction motion and denied relief.

Who is affected by this decision?

The decision directly affects Gregory Simpson and the State of Florida in the underlying criminal-postconviction matter.

Unless Simpson files a timely and authorized motion for rehearing or other authorized post-decision pleading, the appellate judgment will remain in effect.

Can this decision be appealed further?

Simpson may seek further review only by filing a timely, authorized motion for rehearing or by seeking discretionary review in the Florida Supreme Court if permitted.

Gregory Simpson v. State of Florida

Docket 5D2025-3461

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

Habeas CorpusAffirmed

Filed: Apr 28, 2026 · 3 days ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Habeas Corpus
Disposition: Affirmed
Docket: 5D2025-3461

Appeal from a circuit court ruling on a postconviction motion under Florida Rule 3.800 in Marion County.

Summary

The Fifth District Court of Appeal reviewed Gregory Simpson's appeal from a Marion County circuit court postconviction proceeding under Florida Rule 3.800. The court, in a brief per curiam opinion, affirmed the lower court's decision, citing Galindez v. State and Washington v. Recuenco to support its ruling. No appellee appearance was entered and the appellant proceeded pro se. The opinion concludes the appellate court saw no reversible error and affirmed the circuit court's disposition without extended discussion.

Issues Decided

Whether the circuit court's disposition of Simpson's Rule 3.800 postconviction motion was erroneous
Whether precedent in Galindez v. State and Washington v. Recuenco requires reversal or relief in this case

Court's Reasoning

The appellate court found no reversible error in the circuit court's handling of the Rule 3.800 matter and concluded the cited precedent did not mandate relief. The opinion relied on established Florida and United States Supreme Court authority (Galindez and Recuenco) to frame its analysis and determined the lower court's ruling was consistent with those decisions. Because the record did not demonstrate a legal defect warranting reversal, the judgment was affirmed.

Authorities Cited

Galindez v. State955 So. 2d 517 (Fla. 2007)
Washington v. Recuenco548 U.S. 212 (2006)
Florida Rule of Criminal Procedure 3.800

Parties

Appellant: Gregory Simpson
Appellee: State of Florida
Judge: Timothy Thomas McCourt
Judge: Jay, C.J.
Judge: Wallis, J.
Judge: MacIver, J.

Key Dates

Decision date: 2026-04-28

What You Should Do Next

1
Consider filing a motion for rehearing
If Simpson believes there are grounds, he should file a timely and authorized motion for rehearing under Fla. R. App. P. 9.330 or 9.331 within the prescribed deadlines.
2
Seek counsel for further review
Consult with an attorney to evaluate whether to pursue discretionary review in the Florida Supreme Court and to ensure any petitions meet procedural requirements.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed the circuit court's ruling on Simpson's Rule 3.800 postconviction motion and denied relief.
Who is affected by this decision?: The decision directly affects Gregory Simpson and the State of Florida in the underlying criminal-postconviction matter.
What happens next?: Unless Simpson files a timely and authorized motion for rehearing or other authorized post-decision pleading, the appellate judgment will remain in effect.
Can this decision be appealed further?: Simpson may seek further review only by filing a timely, authorized motion for rehearing or by seeking discretionary review in the Florida Supreme Court if permitted.

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. 5D2025-3461
                 LT Case No. 1999-CF-001124-C
                   _____________________________

GREGORY SIMPSON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                   _____________________________


3.800 Appeal from the Circuit Court for Marion County.
Timothy Thomas McCourt, Judge.

Gregory Simpson, Wewahitchka, pro se.

No Appearance for Appellee.

                          April 28, 2026


PER CURIAM.

      AFFIRMED. See Galindez v. State, 955 So. 2d 517, 521-22
(Fla 2007) (citing Washington v. Recuenco, 548 U.S. 212 (2006)).



JAY, C.J., and WALLIS and MACIVER, 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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