ERVIN DAVIS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Ervin Davis seeks review of the trial court’s order dismissing, as untimely, his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Davis pleaded no contest to a burglary charge August 10, 1994. He filed a motion for postcon-viction relief which was signed August 29, 1996, and filed with the trial court September 5, 1996. We reverse and remand for further proceedings as the motion for postconviction relief was timely filed.
A motion for postconviction relief may be filed within two years of the judgment and sentence becoming final. Fla. R.Crim. P. 3.860. The judgment and sentence become final when the thirty-day period for the filing of the notice of appeal expires. Davis v. State, 687 So. 2d 292 (Fla. 2d DCA 1997). Thus, Davis had until September 9, 1996, to file his motion for postconviction relief.
Accordingly, we reverse the order dismissing Davis’ motion for postconviction relief and remand for further proceedings.
Reversed and remanded.
CAMPBELL, A.C.J., and BLUE and QUINCE, JJ., concur.
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Bover v. State, 797 So. 2d 1246 (Fla. 2001)…PARIENTE, J. We have for review the decision in Bover v. State, 732 So. 2d 1187, 1192 (Fla. 3d DCA 1999), in which the Third District Court of Appeal certified conflict with the decisions of the Second District Court of Appeal in Bell v. State, 693 So. 2d 700 (Fla. 2d DCA 1997), Botelho v. State, 691 So. 2d 648 (Fla. 2d DCA 1997), and Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991) (en banc), and the decision of the Fourth District Court of Appeal in Freshman v. State, 730 So. 2d 351 (Fla. 4th DCA 1999)…
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Bover v. State, 732 So. 2d 1187 (Fla. 3d DCA 1999)…of law, have imposed. Such an error can be determined at any time from a review of the defendant’s criminal records. Id. at 78 (emphasis added); see also Freshman v. State, 24 Fla. L. Weekly D707, 730 So. 2d 351 (Fla. 4th DCA 1999); Bell v. State, 693 So. 2d 700 (Fla. 2d DCA 1997); Botelho v. State, 691 So. 2d 648 (Fla. 2d DCA 1997). The logic of Judge is that the habitual offender statute increases the legal maximum-term. In the present case, habituali-zation of defendant means that for his third-degree f…1 / 2
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Moore v. State, 748 So. 2d 1094 (Fla. 3d DCA 2000)…habitualization cannot be raised by such a motion. See Bover v. State, 732 So. 2d 1187 (Fla. 3d DCA 1999), review granted, No. 95,649, 743 So. 2d 508 (Fla. Oct. 26, 1999). Contra Freshman v. State, 730 So. 2d 351 (Fla. 4th DCA 1999); Bell v. State, 693 So. 2d 700 (Fla. 2d DCA 1997); Botelho v. State, 691 So. 2d 648 (Fla. 2d DCA 1997); Judge v. State, 596 So. 2d 73 (Fla. 2d DCA 1991). Assuming for purposes of discussion, however, that Rule 3.800(a) could be used for that purpose, and further assuming that t…
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- Davis v. State, 687 So. 2d 292 (Fla. 2d DCA 1997)