LESLIE PAGE MOORE, APPELLANT,

v.

EARNEST GLEN MOORE, APPELLEE

Citator

Cited By

• Pace v. State, 662 So. 2d 1001 (Fla. 1st DCA 1995)
  …l of Appellant’s Rule 3.800 motion without prejudice to Appellant’s right to file a timely sworn motion for post-conviction relief on the same ground pursuant to Florida Rule of Criminal Procedure 3.850. Callaway, 658 So. 2d at 987; Rosier v. State, 655 So. 2d 160, 162 (Fla. 1st DCA 1995). Although Appellant’s case below was final before Hale was decided, the Florida Supreme Court’s recent decision in Calla-way, like our holding in Rosier, provides that a Hale issue may be raised under oath pursuant to Rule 3…
• Brown v. State, 658 So. 2d 659 (Fla. 1st DCA 1995)
  …Hale v. State, 630 So. 2d 521 (Fla.1993). We find that this allegation also raises a preliminary ground for relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. See Rodgers v. State, 645 So. 2d 20 (Fla. 1st DCA 1994); Rosier v. State, 655 So. 2d 160 (Fla. 1st DCA 1995). We remand to the trial court for [*660] further proceedings consistent with this opinion. WOLF and WEBSTER, JJ., concur. LAWRENCE, J., concurs in result only.…
• Parrish v. State, 665 So. 2d 1114 (Fla. 4th DCA 1996)
  …e has also correctly abandoned its contention advanced in the trial court that defendant’s challenge was untimely, as the case law now states that a rule 3.850 Hale challenge should be made within two years of the Hale decision. See Rosier v. State, 655 So. 2d 160 (Fla. 1st DCA), rev. denied, 663 So. 2d 632 (Fla.1995). Defendant’s motion was timely brought. We approve the state’s concession of error. The trial court’s denial of the present post-conviction motion is reversed, and the case is remanded for rese…