Willie D. Upson v. State of Florida Appeal Affirmed
Summary
Willie D. Upson's criminal appeal (Case No. 5D2025-3738) from Volusia County Circuit Court was affirmed by the Fifth District Court of Appeal. Upson, representing himself pro se, challenged the 2007 case underlying the 3.850 motion. The three-judge panel (JAY, C.J., LAMBERT, and MACIVER, JJ.) issued a per curiam affirmance on April 23, 2026. No substantive legal analysis or precedent-setting language appears in this summary affirmance.
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Florida's District Courts of Appeal sit between the trial courts and the Florida Supreme Court. Six districts cover the state, hearing appeals on civil judgments, criminal convictions, family law orders, and administrative decisions. This feed tracks every published opinion across all six districts, around 125 a month, with the case name, appellant, type of relief sought, and outcome. Watch this if you practice civil litigation in Florida, defend insurance disputes (the carriers fight a lot of appeals here), or follow Florida's busy criminal post-conviction docket. GovPing pulls from CourtListener's official mirror of the courts' RSS feeds.
What changed
The Fifth District Court of Appeal affirmed the circuit court's denial of Willie D. Upson's 3.850 motion in a one-page per curiam order. No written opinion was issued explaining the court's reasoning. The affirmance means Upson's conviction or sentence remains unchanged and his legal challenge has been exhausted at the appellate level.
For pro se criminal defendants considering 3.850 motions, this affirmance underscores that appellate courts apply a deferential standard of review to lower court factual findings. Defendants filing appeals without counsel should ensure their motion clearly identifies reversible error, as summary affirmances are common when appellate courts find no basis to overturn.
Archived snapshot
Apr 23, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 23, 2026 Get Citation Alerts Download PDF Add Note
Willie D. Upson v. State of Florida
District Court of Appeal of Florida
- Citations: None known
- Docket Number: 5D2025-3738
Disposition: Affirmed
Disposition
Affirmed
Combined Opinion
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
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