Filing # 78061512 E-Filed 09/18/2018 02:19:10 PM
SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA
Anthony Bevan CASE NO: SC18-1373 Petitioner Appeal Case No: 2D 17-533 v. L.T Case No: 11 CF 19491 State of Florida Respondents
PETITIONER'S EXHIBIT LIST FOR SECOND REQUEST.... DATED AS 9/17/18
O ANTHONY BEVAN, PRO SE P. O. BOX 494946 PORT CHARLOTTE, FLORIDA 33949 PHONE: (239) 93902400
C
O STRICKEN EXHIBIT LIST FOR PETITIONERS SECOND REQUEST TO THE COURT OF CHARLES T. CANADY, CHIEF JUSTICE OF THE FLORIDA SUPREME COURT DATED 9/17/18
Lee County Sherriff's Office Property Receipt Forms Exhibits: A, B, ...... _... p 3
Lee County Sheriff's Office Forensic Exam Repor3 Exhibit: C...... p 3_4
Excerpts from Judge M. Steinbeck Hearing 12/16/13 Exhibit : D...... ·...... Pg. 5
Notice of Filing 2/8/13: Butler Deposition/ Attorney Withdrawal & Defendants Notice of Estoppel of Deposition Exhibit E...... p
Affidavits of Larry Cowan & Patricia Cowan Exhibit F...... _.. p
Excerpts from 3/4/13 Judge Swett's Hearing Exhibit G...... _ _...... p
Official Presidential Preference Primary, Special Election And Party Offices Ballot, Democratic Party, Citrus County, Fl. Exhibit H...... ·.....·...... P. 8
Orders from The Clerk of Court of the Supreme Court of Florida ...... STRICKEN STRICKEN 8/ 4 787 Il~ l - l l y y
C o L,
0+I I t¾sSTRICKENC . a»at Report Author Jennifer Lindblad Case number: 11415771
Examination Information
Examination Title 2012-088_Cybershot Camera Date Created 5/18/2012 4 06:56 PM Description
Jennifer Undblad Examination location LCSO Forensic Center
Device Information
Device Name 2012-088 Cybershot Camera Date Created S/18/2012 4:09:18 PM Description Model Manufacturer
Date of Manufacture 1/1/1952 12 00 00 PM Operating System Phone number Fax number Data number Video number Network provider Bluetooth name MAC address Storage capacity SIM card present Fa|se Type of SIM card SIM card number IME! Number IMSI Number lOCID Number IMEID Number STRICKEN MSN Number ESN Number PIN Number PUK Number
2012-088 Cybershot Csmera
Page 5 of 7 f IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA STATE OF FLORIDA,
Plaintiff,
CASE NO. 13-CF-16047 vs.
ANTHONY BRIAN BEVAN, Defendant.
TRANSCRIPT OF PROCEEDINGS
Before the Honorable Margaret O. Steinbeck, Circuit Judge, at the hearing of the above-styled action in the Lee County Justice Center, Fort Myers, Florida on December 16, 2013. STRICKEN VON AHN ASSOCIATES, INC. Registered Professional Reporters 2271 McGregor Boulevard, Second Floor Fort Myers, Florida 33901 Phone: (239) 332-7443 FAX: 239 332-4066
Fort Myers 042Naples 042South Fort Myers 042Punta Gorda 3
1 THE COURT: This is Mr. Bevan's motion for
2 issuance of a subpoena duces tecum. Are you
3 entering an appearance on behalf of Mr. Bevan?
4 MS. DAVID: I am, ma'am. I was retained, and
5 I apologize, I didn't have time to do a written
6 notice of appearance, but everything is finalized.
7 If I could enter an oral notice of appearance to be
8 filed up with a written notice of appearance, that 9 would be wonderful.
10 THE COURT: That's fine. Speaking is?
11 MS. DAVID: Allison David. I apologize.
12 THE COURT: While Mr. Bevan has ordered a
13 court reporter, the official court record is the
14 audio recording, and so we still need to identify 15 ourselves.
16 Are you adopting the motion for issuance of a 17 subpoena duces tecum?
18 MS. DAVID: Yes, ma'am.
19 MS. BELOHLAVEK: Your Honor, may I interject 20 at this point? 21 STRICKENTHE COURT: Yes. 22 MS. BELOHLAVEK: I don't know that we need to
23 go forward with the hearing. The State has 24 considered many things, and at this point is
25 entering a nol pros on the case. Mr. Bevan is 4
sentenced to a DOC sentence in another case, and we 2 are happy for him to be on his way to the 3 Department of Corrections.
4 THE COURT: So the charges in 13-CF-16047 are 5 dismissed. and that takes care of that. Be sure 6 you --
7 MS. DAVID: Judge, wait. He has a civil
8 matter, a mortgage foreclosure actually that I'm 9 also representing him on. If we could not send him
10 on his way. I don't know if you can issue a 11 stay --
12 THE COURT: Absolutely not, that's Judge 13 Volz's case, and we don't not send people to DOC
14 for civil litigation. I lost jurisdiction as soon 15 as the State entered a nol pros. So this case 16 13-CF-16047 is done.
17 MS. BELOHLAVEK: Thank you. 18 MS. DAVID: Thank you.
19 (Hearing concluded. ) 20 21 STRICKEN 22 23
24
25 ny vr u t u mräl vivison LEE U F C URT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR State of Flor da vs Anthony B. Bevan CRMINAL DIVISION Case Nurnber: 13-CF-016o47 Judge: Court Room: . Margaret O Steinbeck Courtroom 7-A Repo State Attorney: Rone/Watkins/Lubrun Date of Act on 12/16/2013 Ha®ett DOB: 05/30/1935 Custody Status: IC Arrest Date: 05/10/2 Race: White Count Description A est Agency: Lee County Sheriff Lo AGGRAV BATT OFFENDER ute - Degree Filed Status RESIST OFFICER - OBS 784.04S(16) - FS p1 Reopened Reason APREARANCE 843.02 - MF 1 Present W/attor
R R v ke rder B et @ Y nterpreter Failed to appear .Bond Estreature Ordered Set Aside BWiNotify Clerk's Office/LCSO) CONTINUANCE eature Cont. to Continue AM / PM in Courtroom 4A for Ero TR Defense _.___ Judge 7A 78 8A 8B
Scre n f HC e- Triaf D version 6A --- _ Pre-SentenÃvesti9 / ret D pos t on EL Ordered None Guilty Ea Ct Ct(s) Nolo Contendere Ea Ct ta e Ora y nd nforma n Charge(s) Open Court as to Ct (s) -¯-
Formal Filin Degree AD_lU_D_I£ATION o adon FHed n Open Co e to T F Cr / Felony Adjudicated Gu ty Ea Ct Ct(s) _..__ Adjudication Withheld Ea Adjudicated Delinquen enile) DISPOSITIoN Nolle Prosse __._.__ Ea Ct Ct(s)
D ed Merge Co DICT nto Count for Sentencing & Dism ssal ___._ Guilty by Jury Ct(s) G Not Gui ty by Jury Ct(s) __._. Remanded into Custody Statute
STRICKENFL BAR # . © a Person with a disability who n ds this proceeding, you are entitled, at no cost o a on in order to participate in contact the Operations Division Director h te Promon of certain assistance. Please 1700 Monroe Street, Fort Myers, FL 33901 d oWice is located at Lee County Justice Center least 7 days before your scheduled court a , an whose telephone nmnber is (239) 533-1771 at cation if the time before the scheduledPearance, or nnnediately upon receiving this or voice impaired, call 711. aPPearance is less than 7 days; ifyou are hearing
Received by:
Jud e Rev.11/25/2013 IN A RCUlT COURT OF THE TWENTIETH JUDIC AL C RCU T STATE OF FLORIDA v.
S NOW, Defendant Anthon B Deposition of Detective J February 8, 2013 Defenda t s Withdrawal of Attorney and Esto states the following: and
1. The Deposition of Detective James Butler was faken by Adorney Thomas Busetta over the objections of Defendant ' . Anthony Brian Bevan who asked for but had no input into the
Deposition nor of confronting his Accusers. ( Exhibit 'A')
. The Deposition of Detective James Butler was taken by Attorney Thomas Buseltta despite the February 8, 2013 Letter hand deliveredSTRICKENto Attorney Thomas Busetta and a copy hand delivered to the State Attorney: Christine Cummins. The Judicial Notice and letter outlined that the Defe objected to the Deposition on the grounds that the Defen d no
-1- input into the Deposition nor of confronting his Accusers. The letter to Attorney Thomas Busatta outlined the acceptance of his withdrawal from the case two days prior and the charge by the Defendant of At+6rney Thomas Busetta as being an ineffective counsel " You are and have been an ineffective counsel and have demonstrated that you and your staff are a serious danger" (Exhibit 'B; )
4. The deposition of Detective James Butler was taken by Attorney Thomas Busatta, even though he had withdrawn as counsel and the Defendant's agreement accepting his withdrawal and without consulting or asking for any input from the Defendant in violation of Florida Bar Rules and in violation of 18 USC which states: "It is a cdme for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of an right protected by the Constitution or laws of the United States."
5.The deposition of Detective James Butler was taken without attempts by the State Attorney to stop the deposition based on the Judicial Notice and letter.. This action was taken, in collusion with Attorney Thomas Busatta, in willful and total disregard of the Judicial Notice and letter ,. This action is in violation of 18 USC which states: "It isSTRICKENa crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of an right protected by the Constitution or laws of the United States.:
6.This action by the State Attorney of collusion and proceeding with the"Deposition is a violation Supreme Court of Florida case C.L. -2- 35.6 which states " Governmental misconduct which violates the
constitution #334 due process right of a defendant, regardless of that defendant's predisposition, requires the dismissal of criminal charges":
6. The deposition of Detective James Butler was taken over the personal objections of Jane Bevan, Trustee, in front of the Parties and Witnesses and other employees from the State Attorneys Office. Asked that the Deposition not proceed, Attorney Busatta, in front of independent witnesses shouted at Jane Bevan to "get out". Two
male persons from the State Attorney's Office then threatened to arfest Jane Bevan if she did not leave the State Attorney's 46 Deposition room located at the Office of the State AttorneyfÃÁÁ
Respectfully, Anthoný Brian Bevan
VERIFICATION I, Anthony Brian Bevan, am a Defendant in the above entitled action and have read the above and know the contents thereof. The same is.true of my own knowledge, except as to those matters which are alleged on information and belief, and as to those matters, to the true.best of my belief and the best of my recollection believe them to be Respectfully STRICKENsubmitted on this 2bÓay of October 2013 b
Anthony Brian Bevan
-3- CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing- has been filed with the Clerk of Court ,and to the Office of the State Attorney, 200AMain St. Suntrust Building, Fort Myers, Florida 33901 on this 3'day of October, 2013. by: 4 / ,#
Anthony Brian Bevan 1200 Masanabo Lane, Fort Myers, Fl. 33919 PH: 239-939-2400
STRICKEN
-4- AFFIDAVIT OF LARRY COWAN
I, Larry Cowan, being duly sworn, states the following: My name is Larry Cowan, I am over the age of eighteen, I reside at 1169 Orange Avenue North Fort Myers, Florida 33903. I am the stepfather of Savannah Vasquez..
After Brian Bevan went to jail my stepdaughter, Savannah Vasquez, told me and my wife, Pat Cowan that she had made up the story that Brian pushed her and that she asked Tiffany to lie for her.
Savannah told us that she only had a loud argument with Brian and that Brian had never touched her.
As a foster (stepfather), I am sad that I discovered that Savannah was a drug dealer and a drug user. Her drug abuse could account for her bizarre accusations against Brian Bevan...
Further Affiant Sayeth Naught J/// p arry owan
Sworn to and subscribed before me this day of December, 2015.
By: (Nru f'mm n who is _____personally known to me )C Produced identification
Notary
My commission expires: 1O(2 \9 CHARLENE DE GRAW Notary PubHc - State of Florida 'E eommisalon # FF 928994 .. . . My Comm. Expires Oct 24, 2019 STRICKENthroughNational Ota Assn. ow I am e th age ei the following: My name is Patricia (Pat) Florida 33903. I am the stepmother ofSa u 8'
s e 8ht#2 Sammah Vasquez, told me and my asked Tiffany to lie for her. HP the story that Brian pushed her and ht de humah told us that she only had touched her. * ° d ar8mnent with Brian and that Brian had never
Fmther Af6ant Sayeth Naught Patricia (Pat) Cowan
Swom to and subscribed before me this Å day of By: ÑØdd who is nally known to me DWM JProduced i
STRICKEN 7/20/2015 10:25 AM Filed Lee County Clerk of Courts
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
STATE OF FLORIDA
vs CASE NO, 11-CF-019491 ANTHONY BRIAN BEVAN. /
TRANSCRIPT OF DIGITAL RECORDED PROCEEDINGS
Before Judge Andrew Swett, at a Hearing on Plea Agreement held in the
above-entitled matter, Fort Myers, Florida, on March 4, 2013.
STRICKEN VON AHN ASSOCIATES, INC. Registered Professional Reporters 2271 McGregor Boulevard, Second Floor Fort Myers, Florida 33901 Phone: (239) 332-7443 FAX: (239) 332-4066
Offices in Naples 042South Fort Myers 042Punta Gorda 7/20/2015 10:25 AM Filed Lee County Clerk of Courts
8
1 I A. Yes.
2 Q. Has he discussed the minimum and maximum 3 penalties as they apply in this case?
4 A. Yes.
5 Q. And has he made any promises to you about 6 being eligible for any form of early release or early 7 termination of the probation sentence that you are 8 agreeing here to today of 18 months?
9 A. He explained to me that if I complied there
10 was a good probability that it could be reduced to nine 11 months.
12 Q. So Mr. Whitney explained to you that if you 13 abide by the rules of your probation, that you can 14 petition the Court for an early termination but that it 15 was not an automatic guarantee, correct? 16 A. Correct.
17 Q. Okay. Do you understand that if you are not a
18 U.S. citizen that this plea may subject you to 19 deportation?
20 A. I understand that Mr. Whitney explained that 21 itSTRICKENwould not be applicable in my case, 22 Q. Well, do you understand that immigration and 23 deportation is entirely outside the realm of this Court? 24 A. Yes, I do.
25 Q. Thank you. You have 30 days from the date of ORIGAL PRBIDEKilAL PREFERENCE PRIMART, SPECIAL RECHON AND PARTT OIRCES BAKOT N° 36 DEMOCRATIC PARTT GTRUS COUNTT, R0RIDA PRECINCT NO. March 11, 1980
SIGNATURE OF ELECTOR INITIALS OF ISSUING (STUB NO. 1) OFFICIAL OFHCIAL PRESIDENTIAL PREFERENCE PRIMART, SPECIAL RECTION AND PARTT OFFICES BALLOT N° 36 DEMOCRATIC PARTT CITRUS COUNTT, K0ltIDA PRECINCT NO. March 11, 1980
INITIALS OF ISSUING (STUB NO. 2) OFFICIAL OFRGAL PRESIDENTIAL PREFERENCE PRIMART, SPEGAL RECTION AND PARTT OFFICES BA110T DEM0CRATIC PARTT OTRUS COUNTT, R0RIDA .PRECINCT NO. March 11, 1980
PREIDEMAL PREREBICE rBREARY PBoross CoimmmonAL Amammans (Place a cross (X) in the blank space to. the right of {Mark a cross (X) in the square at the right the name of the Presidential candidate for whom you For the Amendment or Against the Amendment) wish to vote). H0. 1 CONSMURoNAL AMBIDAHMIS Arlide VU, SecRon 6 EDMUND G. BROWN, JR. Proposing amendments to the State Constitution to JIMMY CARTER -provide a homestead exemption of $25,000 from certain RICHARD B. KAY ad valorem school rnillage levies, providing auttiorization EDWARD M. KENNEDY for ad valorem tax relief for permanent sesident renters, NO PREFERENCE and providing that the $25,000exemption-from certain ad valorem school millage levies shall take effect upon approval by the voters and apply to the taxes levied.on the assessment roHs for the year 1980 and each year thereafter.
FOR THE AMENDMENT AGAINST THE AMENDMENT 110. 2 ColERENNNE STRICKENArlida V, Secdon 3 Proposing an amendment to the State Constitution to modify the jurisdiction of the Supreme Court.
FOR THE AMENDMENT AGAINST THE AMENDMENT hupreme 254ourtoffloriba
FRIDAY, AUGUST 17, 2018
CASE NO.: SC18-1373 Lower Tribunal No(s).: 2D17-533; 362011CFO19491000ACH
ANTHONY BRIAN BEVAN vs. STATE OF FLORIDA
Petitioner(s) Respondent(s)
This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 5 15 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
A True Copy Test:
Jolín A. Tomasino Clerk, supreme Court td STRICKEN Served:
JOHN M. KLAWIKOFSKY ANTHONY BRIAN BEVAN HON. LINDA DOGGETT, CLERK HON. RAMIRO MANALICH, JUDGE HON. MARY BETH KUENZEL, CLERK Filing # 77412728 E-Filed 09/04/2018 04:56:20 PM
Bupreme 254ourtoffloríba
TUESDAY, SEPTEMBER 4, 2018
CASE NO.: SC18-1373 Lower Tribunal No(s).: 2D17-533; 362011CF019491000ACH
ANTHONY BRIAN BEVAN vs. STATE OF FLORIDA
Petitioner(s) Respondent(s)
Petitioner's Supplemental Petitions for Discretionary Review filed on August 31, 2018, and September 4, 2018, have been treated as motions for reinstatement. Pursuant to this Court's order dated August 17, 2018, said motions are hereby stricken as unauthorized.
A True Copy Test:
John A. Tomasino Clerk Supreme Court
db Served: STRICKEN JOHN M. KLAWIKOFSKY ANTHONY BRIAN BEVAN HON. LINDA DOGGETT, CLERK HON. RAMIRO MANALICH, JUDGE HON. MARY BETH KUENZEL, CLERK