PETER LOUIS RUGGIRELLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1990-08-15
No. 90-0171
DELL and POLEN, JJ., concur., ANSTEAD, J., dissents with opinion.
566 So. 2d 30 Florida District Court of Appeal, Fourth District (1990) Negative Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

DELL and POLEN, JJ., concur.

ANSTEAD, J., dissents with opinion.

Dissent
ANSTEAD, Judge,

ANSTEAD, Judge,

dissenting.

The trial court denied appellant’s petition because it was untimely filed. The appellant’s pleadings were placed in the hands of state prison authorities well in advance of the required filing date but were not date-stamped into the clerk’s office until after the filing deadline. I would follow the rule of the federal courts and allow the date of delivery to prison officials to control. See Fallen v. United States, 378 U.S. 139, 84 S.Ct. 1689, 12 L.Ed.2d 760 (1964); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).

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Cited By (12 total)

  • Haag v. State, 591 So. 2d 614 (Fla. 1992)
    …d. Art. I, §§ 2, 21, Fla.Const. We recognize that our opinion today recedes from and overrules earlier precedent in this jurisdiction. The opinions of the district courts in Lindsay v. State, 579 So. 2d 350 (Fla. 1st DCA 1991), Ruggirello v. State, 566 So. 2d 30 (Fla. 4th DCA), review dismissed, 569 So. 2d 1280 (Fla.1990), Clifford v. State, 513 So. 2d 772 (Fla. 2d DCA 1987), and Tucker v. Wainwright, 235 So. 2d 38 (Fla. 2d DCA 1970), contain re- [*618] suits or analyses inconsistent with our views and acco…
  • Eggers v. State, 624 So. 2d 336 (Fla. 1st DCA 1993)
    …al court to withdraw his plea. As a consequence, the claim presented by appellant could not be raised on direct appeal. Therefore, it is properly before us on the instant motion for post-conviction relief to vacate the sentence. See Murray v. State, 566 So. 2d 30, 31 (Fla. 1st DCA 1990). In determining the voluntariness of a plea, the trial judge is obligated to advise the defendant of the complete terms of any plea agreement, including any obligations the defendant will incur. Fla.R.Crim.P. 3.172(c)(7). Am…
  • Gainer v. State, 590 So. 2d 1001 (Fla. 1st DCA 1991)
    …a when the plea was based upon a misapprehension of the facts. Hingson at 769 citing Forbert v. State, 437 So. 2d 1079, 1081 (Fla.1983). However, we cannot reach this issue because Gainer did not move to withdraw his plea below. See Murray v. State, 566 So. 2d 30, 31 (Fla. 1st DCA 1990) (the issue of whether an appellant should have been allowed to withdraw his plea is not cognizable on direct appeal where the appellant did not move to withdraw his plea at the time of sentencing). Because, under the circums…

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