JAMES WARREN BAILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES WARREN BAILEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
640 So. 2d 1173
Florida District Court of Appeal, Second District (1994)
Caution
Cited by 28 cases
Opinion of the Court
PER CURIAM.
The trial court denied as time-barred the appellant’s motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse because the motion was filed within two years of the issuance of this court’s mandate in the appellant’s direct appeal from his judgment and sentence in this case. See McCuiston v. State, 507 So. 2d 1185 (Fla. 2d DCA 1987) (judgment of conviction becomes final upon issuance of mandate in direct appeal), approved in, 534 So. 2d 1144 (Fla.1988).
Reversed and remanded.
RYDER, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
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Betts v. State, 792 So. 2d 589 (Fla. 1st DCA 2001)…ef. To the extent that the allegations challenged the factual basis and sufficiency of the evidence, such claims cannot be raised in a Rule 3.850 motion, especially where (as occurred in the instant case) a direct appeal was taken. Jackson v. State, 640 So. 2d 1173 (Fla. 2d DCA 1994). Ground Five, which alleged that counsel was ineffective for failing to investigate a defense for Appellant by obtaining the victim’s medical records, was properly rejected as wholly speculative and unsupported by specific factua…
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Thomas v. State, 252 So. 3d 1201 (Fla. 2d DCA 2018)…la. 2d DCA 2008); Steward v. State, 931 So. 2d 133 (Fla. 2d DCA 2006); Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Jackson v. State, 640 So. 2d 1173 (Fla. 2d DCA - 2 - 1994); Brown v. State, 97 So. 3d 960 (Fla. 4th DCA 2012); Maddox v. State, 813 So. 2d 138 (Fla. 5th DCA 2002). BLACK, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.…
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Killian v. State, 730 So. 2d 360 (Fla. 2d DCA 1999)…tate used the books to show Mr. Killian’s state of mind and intent. This was improper because state of mind is not a material fact in a sexual battery case and intent is not an issue. See Coler v. State, 418 So. 2d 238 (Fla. 1982); Jackson v. State, 640 So. 2d 1173 (Fla. 2d DCA 1994). Likewise, lewd assault is not a specific intent crime. [*363] See Harris v. State, 418 So. 2d 416 (Fla. 1st DCA 1982). Although the defendant’s state of mind may play some modest role in such a case, neither the State nor the def…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Hall, 534 So. 2d 1144 (Fla. 1988)
- McCUISTON v. State, 507 So. 2d 1185 (Fla. 2d DCA 1987)