HAROLD DEAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed.
GODERICH and FLETCHER, JJ., concur.
COPE, Judge
(specially concurring).
The plea colloquy supports defendant-appellant’s claim that he was misadvised that he would be eligible for parole upon completion of his mandatory minimum term. This claim falls within the scope of State v. Le-roux, 689 So. 2d 235 (Fla.1996).
I concur in denial of relief on the ground of untimeliness, however, because the Rule 3.850 motion was filed over three years after completion of the mandatory minimum term, by which time defendant should have known of his parole ineligibility. I do not think that the Leroux decision restarts the 2-year time limit for 3.850 motions.
The State has made other arguments for affirmance, but they are either unsupported by the record or are contrary to Leroux.
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Citator
Cited By
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Hammond v. State, 702 So. 2d 637 (Fla. 1st DCA 1997)…PER CURIAM. AFFIRMED. See Magwood v. State, 701 So. 2d 615 (Fla. 2d DCA 1997); Llerena v. State, 696 So. 2d 1301 (Fla. 3d DCA 1997); Mitchell v. State, 696 So. 2d 410 (Fla. 5th DCA), review denied mem., 700 So. 2d 686 (Fla.1997); Dean v. State, 693 So. 2d 1014 (Fla. 3d DCA), review dismissed mem., 697 So. 2d 1215 (Fla.1997). ALLEN, WEBSTER and DAVIS, JJ., concur.…
Authorities Cited
- State v. Leroux, 689 So. 2d 235 (Fla. 1996)