WILLIE GABRIEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1998-12-30
No. 97-3569
WARNER, FARMER and STEVENSON, JJ., concur.
723 So. 2d 899 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Appellant’s plea was entered over eleven years ago and his petition for writ of error coram nobis is barred by laches. See State v. Taylor, 722 So. 2d 890, 1998 WL D2635 (Fla. 4th DCA 1998); Gregersen v. State, 714 So. 2d 1195 (Fla. 4th DCA), rev. granted, No. 93,801 (Fla. Dec. 3, 1998). As in Gregersen, we certify conflict with Peart v. State, 705 So. 2d 1059 (Fla. 3d DCA), rev. granted, 722 So. 2d 193 (Fla.1998).

WARNER, FARMER and STEVENSON, JJ., concur.


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  • Gino Kalici v. State, 755 So. 2d 680 (Fla. 4th DCA 1999)
    …This court has repeatedly held petitions for writs of error coram nobis are time barred by laches if filed more than two years after judgment and sentence have become final. See State v. Elise, 727 So. 2d 1030 (Fla. 4th DCA 1999); Gabriel v. State, 723 So. 2d 899 (Fla. 4th DCA 1998); State v. Taylor, 722 So. 2d 890 (Fla. 4th DCA 1998). The Florida Supreme Court recently agreed with this position when it held the two-year' time limit contained in rule 3.850 applies to petitions for writs of error coram nobis.…

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