Willie D. Upson v. State of Florida
Docket 5D2025-3738
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
- Habeas Corpus
- Disposition
- Affirmed
- Docket
- 5D2025-3738
Appeal from the denial of a Rule 3.850 postconviction motion in the Circuit Court for Volusia County.
Summary
The Fifth District Court of Appeal considered Willie D. Upson's appeal from the denial of his Florida Rule of Criminal Procedure 3.850 motion in the Circuit Court for Volusia County. After review, the appellate court issued a brief per curiam decision affirming the lower court's ruling. The opinion contains no published reasoning beyond the single-word disposition and notes that the decision is not final pending any timely post-judgment motions under Florida appellate rules.
Issue Decided
- Whether the circuit court erred in denying Willie D. Upson's Rule 3.850 postconviction motion.
Court's Reasoning
The court issued a per curiam affirmation without published substantive opinion, indicating that the panel found no reversible error in the circuit court's handling of the 3.850 motion. Because no written analysis is included, the decision rests on the panel's conclusion that the lower court's ruling was correct under applicable law and facts presented. The opinion also notes procedural finality is subject to timely post-judgment motions under the Florida Rules of Appellate Procedure.
Authorities Cited
- Florida Rule of Criminal Procedure 3.850
- Florida Rule of Appellate Procedure 9.330/9.331
Parties
- Appellant
- Willie D. Upson
- Appellee
- State of Florida
- Judge
- Kathryn D. Weston
- Attorney
- James Uthmeier, Attorney General
- Attorney
- Zachary L. Wiseman, Assistant Attorney General
Key Dates
- Decision date
- 2026-04-23
What You Should Do Next
- 1
Consider post-judgment motions
If appropriate, file a timely motion under Fla. R. App. P. 9.330 or 9.331 as authorized to seek rehearing or clarification within the rule deadlines.
- 2
Consult counsel about further appeals
Talk with an experienced postconviction attorney to evaluate any remaining appellate or collateral options and statutory deadlines.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the circuit court's denial of Upson's Rule 3.850 motion.
- Who is affected by this decision?
- The decision affects Willie D. Upson and the State of Florida; it leaves the lower court's denial of postconviction relief in place.
- Does this ruling include an explanation of the court's reasoning?
- No; the court issued a per curiam affirmation without a written opinion explaining the reasons.
- Can this decision be challenged further?
- Potential further actions include filing timely and authorized motions under Florida Rules of Appellate Procedure 9.330 or 9.331; other appellate options are limited and should be discussed with counsel.
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. 5D2025-3738
LT Case No. 2007-031334-CFAES
_____________________________
WILLIE D. UPSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
3.850 appeal from the Circuit Court for Volusia County.
Kathryn D. Weston, Judge.
Willie D. Upson, Wewahitchka, pro se.
James Uthmeier, Attorney General, Tallahassee, and Zachary L.
Wiseman, Assistant Attorney General, Daytona Beach, for
Appellee.
April 23, 2026
PER CURIAM.
AFFIRMED.
JAY, C.J., and LAMBERT and MACIVER, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
2