RANDY EDWARD BAGGETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Randy Baggett appealed the denial of his post-conviction Rule 3.850 motion challenging his 1988 plea to burglary, aggravated assault, and kidnapping. The court affirmed the denial, finding the motion untimely as to ineffective assistance of counsel and involuntary plea claims, and the sentence was not illegal because it fell within the guideline range.
The court held that the motion was untimely as to ineffective assistance of counsel and involuntary plea claims because it was filed more than two years after direct appeal concluded. The court also held that the sentence was legal because the 25-year incarceration portion fell within the maximum guideline range of 27 years, requiring no written reasons for departure.
[1] A motion for post-conviction relief under Fla. …
[2] For purposes of Fla. …
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Join FLexlaw to unlock all legal intelligence“no other motion shall be filed or considered pursuant to Rule 3.850 if filed more than two years after the judgment and sentence became final (with certain exceptions inapplicable herein)”
Establishes the two-year filing deadline for post-conviction motions under Rule 3.850
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Join FLexlaw to unlock all legal intelligenceBaggett pleaded nolo contendere on July 6, 1988, to burglary of a dwelling with a deadly weapon, aggravated assault, and two counts of kidnapping, rec…
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PER CURIAM.
Randy Edward Baggett has appealed from an order of the trial court denying his motion for post-conviction relief pursuant to Fla. R.Crim.P. 3.850. We affirm.
On July 6, 1988, Baggett pled nolo conten-dere to burglary of a dwelling with a deadly weapon, aggravated assault, and two counts of kidnapping. The trial court accepted the plea, and imposed the agreed-upon sentence of 25 years plus 10 years probation. Bag-gett’s appeal to this court (Case No. 88-2003) was dismissed by order of July 6, 1989. In July 1990, Baggett filed a 3.850 motion alleging ineffective assistance of counsel. The trial court denied the motion on its merits by order of July 25, 1990, and this court affirmed. Baggett v. State, 588 So. 2d 69 (Fla. 1st DCA 1991).
Baggett filed the instant 3.850 motion on July 2, 1992, three years after this court’s order dismissing his direct appeal. He again alleged ineffective assistance of counsel, and further alleged that his plea was involuntary and his sentence illegal, i.e., the trial court failed to give contemporaneous written reasons for its departure from the guidelines. The trial court denied the motion, finding it impermissibly successive as well as refuted by the record, portions of which were attached to the order. We find that, as to the allegations of ineffective assistance of counsel and involuntariness of the plea, the instant motion was untimely filed. While a motion to vacate a sentence that exceeds the limits provided by law may be filed at any time, no other motion shall be filed or considered pursuant to Rule 3.850 if filed more than two years after the judgment and sentence became final (with certain exceptions inapplicable herein). Fla. R.Crim.P. 3.850(b). A judgment and sentence “become final” when direct review proceedings are concluded, and jurisdiction to entertain motions for post-conviction relief returns to the trial court. Ward v. Dugger, 508 So. 2d 778 (Fla. 1st DCA 1987).
Here, Baggett’s direct appeal was dismissed by order of July 6, 1989. Therefore, he had until July 6, 1991 in which to file a motion pursuant to Rule 3.850. The instant motion was not filed until July 1, 1992. Thus, as to the allegations of ineffective assistance of counsel and involuntary plea, not only was the motion correctly denied on its merits as refuted by the record, but also as untimely filed.
However, a motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. See Fla.R.Crim.P. 3.850(b). Baggett alleges that his sentence was illegal as exceeding the sentencing guidelines without contemporaneous written reasons supporting the departure. However, the maximum of the guidelines range for Baggett’s offenses was 27 years. His sentence of 25 years incarceration plus 10 years probation is within that range. See Committee Note to Fla.R.Crim.P. 3.701(d)(12) (if a split sentence is imposed, the incarcerative portion shall not exceed the maximum of the range). Thus, no written reasons were required.
The order herein appealed is affirmed.
ZEHMER, C.J., SMITH, J., and WENTWORTH, Senior Judge, concur.
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Maille Joseph v. State, 835 So. 2d 1221 (Fla. 5th DCA 2003)…at that time. See Fla. R.Crim. P. 3.850(b). “A judgment and sentence ‘become final’ when direct review proceedings are concluded, and jurisdiction to entertain motions for post-conviction relief returns to the trial court.” Baggett v. [*1222] State, 637 So. 2d 303, 303 (Fla. 1st DCA 1994) (citing Ward v. Dugger, 508 So. 2d 778 (Fla. 1st DCA 1987)). The two-year limitation period began to run on the date this court dismissed Joseph’s appeal even though no mandate was issued by the appellate court. Brown v. Sta…
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Brown v. State, 802 So. 2d 526 (Fla. 1st DCA 2001)…and because no mandate ever issued. However, “[a] judgment and sentence ‘become final’ when direct review proceedings are concluded, and jurisdiction to entertain motions for post-conviction relief returns to the trial court.” See Baggett v. State, 637 So. 2d 303 (Fla. 1st DCA 1994), citing Ward v. Dugger, 508 So. 2d 778 (Fla. 1st DCA 1987). Therefore, regardless of whether a mandate ever issued in the ap [*528] pellant’s direct appeal, the jurisdiction of the trial court to entertain a postconviction motion…
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Fuster v. State, 664 So. 2d 18 (Fla. 3d DCA 1995)…laim of ineffective assistance of counsel, is time barred, by virtue of defendant’s failure to assert this claim within two years of the dismissal of his direct appeal on July 25, 1986, and the return of jurisdiction to this Court. Baggett v. State, 637 So. 2d 303 (Fla. 1st DCA 1994); Ward v. Dugger, 508 So. 2d 778 (Fla. 1st DCA 1987). 2. Defendant’s claim of newly discovered evidence with regard to gonorrhea testing, does not constitute new evidence under the standard set forth in Jones v. State, 591 So. 2d…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ward v. Dugger, 508 So. 2d 778 (Fla. 1st DCA 1987)
- Baggett v. State, 588 So. 2d 69 (Fla. 1st DCA 1991)
- Brinson v. Dugger, 588 So. 2d 69 (Fla. 1st DCA 1991)