State`s response to motion for stay - Angel Diaz

IN THE SUPREME COURT OF FLORIDA

CASE NOS. SC06-2259, SC06-2305,

SC06-2313

ANGEL NIEVES DIAZ,

Appellant,

vs. RESPONSE TO MOTION FOR STAY

THE STATE OF FLORIDA,

Appellee.

/

Appellee, THE STATE OF FLORIDA ("State"), hereby responds to Appellant’s motion for stay and respectfully requests that the motion be denied. As grounds, therefore, the State states:

1. As both this Court and the United States Supreme Court have held, a defendant must show that he has presented substantial grounds for relief from his conviction and sentence in order to be entitled to a stay. See Buenoano v. State, 708 So. 2d 941, 951 (Fla. 1998); see also Delo v. Sykes, 495 U.S. 320, 321 (1990); Barefoot v. Estelle, 463 U.S. 880, 895 (1983); Bowersox v. Williams, 517 U.S. 345 (1996).

2. Here as argued in the brief, Appellant has not presented any substantial grounds for relief. As such, the stay should be denied.

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WHEREFORE, Appellee respectfully requests that the motion for stay be denied.

Respectfully submitted,

CHARLES J. CRIST, JR.

Attorney General

Tallahassee, Florida

SANDRA S. JAGGARD

Assistant Attorney General

Florida Bar No. 0012068

Office of the Attorney General

Department of Legal Affairs

444 Brickell Avenue, Suite 650

Miami, Florida 33131

(305) 377-5441

Fax (305)377-5655

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was furnished by fax and U.S. mail to Suzanne Myers Keffer, 101 N.E. 3rd Avenue, Suite 400, Fort Lauderdale, Florida 33301, this 4th day of December 2006.

______________________________

SANDRA S. JAGGARD

Assistant Attorney General

CERTIFICATE OF COMPLIANCE

I hereby certify that this response is typed in Courier New 12-point font.

______________________________

SANDRA S. JAGGARD

Assistant Attorney General