ANGEL ROSADO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a post-conviction motion filed within two years of the issuance of a mandate is timely.
Angel Rosado appealed the summary denial of his post-conviction motion, which was denied as untimely. Rosado's motion was filed within two years of th…
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PER CURIAM.
Angel Rosado appeals the summary denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court ruled that Rosado’s motion was untimely because it violated the two-year time limit of Florida Rule of Criminal Procedure 3.850(b).1 We disagree and conclude that the motion was filed timely.
Rosado filed his rule 3.850 motion on 13 March 1995. In his motion, he alleged that the date of judgment was 6 September 1991. He also alleged that he appealed the judgment and that this court affirmed on 12 March 1993. Rosado’s recitation of the actions taken and the dates is accurate. Moreover, Rosado’s appeal did not become final until 31 March 1993 when the mandate was issued.
The law in Florida is that a 3.850 motion filed within two years of the issuance of a mandate is timely filed. Bailey v. State, 640 So. 2d 1173 (Fla. 2d DCA 1994). Since Rosado’s motion was filed on 13 March 1995, he is within the two-year time limit of Florida Rule of Criminal Procedure 3.850(b). Accordingly, we reverse and remand to afford the trial court an opportunity to pass upon the merits of Rosado’s rule 3.850 motion.
REVERSED and REMANDED.
DAUKSCH, COBB and THOMPSON, JJ., concur. . Rule 3.850(b) provides:
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 this rule if filed more than 2 years after the judgment and sentence become final in a noncapital case....
Fla.R.Crim.P. 3.850(b).
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Hall v. State, 86 So. 3d 590 (Fla. 5th DCA 2012)…ess. We affirm in part and reverse in part. This Court’s mandate in the direct appeal of Hall’s judgment and sentence was issued on September 26, 2007, making the original post-conviction motion, filed on September 15, 2009, timely. Rosado v. State, 654 So. 2d 623 (Fla. 5th DCA 1995). That motion must, therefore, be considered on its merits. The “amended” motion, which added a new ground, was correctly dismissed as untimely. [*591] AFFIRMED in part; and REVERSED in part. PALMER and EVANDER, JJ., concur.…
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Johnson v. State, 701 So. 2d 1277 (Fla. 5th DCA 1997)…PER CURIAM. AFFIRMED. See Davis v. State, 654 So. 2d 667 (Fla. 5th DCA 1995); see also Rosado v. State, 654 So. 2d 623 (Fla. 5th DCA 1995); Jones v. State, 591 So. 2d 911 (Fla.1991). GRIFFIN, C.J., and GOSHORN and PETERSON, JJ., concur.…
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Scott v. State, 702 So. 2d 309 (Fla. 5th DCA 1997)…he defendant’s motion for postconviction relief, filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure, because the motion was filed more than two years after the defendant’s judgment and sentence became final. See Rosado v. State, 654 So. 2d 623 (Fla. 5th DCA 1995). The defendant asserts that the two-year limitation period does not apply to prohibit review of his motion because the grounds for his claim for relief are based upon newly discovered evidence. However, the defendant’s motion see…
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- Bailey v. State, 640 So. 2d 1173 (Fla. 2d DCA 1994)