ROBERT J. ROMAHN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Nolo Contendere Plea cases and more on FLexlaw
GRIFFIN, J.
Mr. Romahn appeals an order which denied his Rule 3.850 post-conviction relief motion on the procedural basis that it was premature. We reverse.
On June 23, 1997, after entering nolo pleas, defendant was convicted of various felonies in several cases, and placed on five years probation. On June 21, 1999, defendant filed a 3.850 motion, claiming that the nolo pleas .were involuntary. It appears that the trial court, in finding that the 3.850 motion was premature, was referring to the fact that defendant had subsequently violated his .probation and was awaiting sentence. The order denying relief states that the motion is untimely “until formal sentencing occurs.” However, defendant sought to withdraw his pleas which were entered in 1997 and were subject to collateral attack at the time his 3.850 motion was filed. In fact, because Romahn was adjudicated guilty on June 23, 1997, and did not appeal, he could not have waited much longer to file his 3.850 motion without being beyond the two-year limitation period. See Fla. R.Crim. P. 3.850(b); Doctor v. State, 679 So. 2d 76 (Fla. 4th DCA 1996).
REVERSED and REMANDED.
DAUKSCH and COBB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. State, 886 So. 2d 336 (Fla. 5th DCA 2004)…though defendant was resentenced pursuant to a 3.800(a) motion, the two-year limitation period for issues raised in a 3.850 motion attacking the judgment commenced when the judgment became final, not when defendant was resentenced); Romahn v. State, 743 So. 2d 104 (Fla. 5th DCA 1999) (a 3.850 motion which attacks an original plea must be filed within two years of when that plea became final, not after defendant is sentenced upon a revocation of probation). AFFIRMED. THOMPSON and PLEUS, JJ., concur. . See F…
-
Berg v. State, 751 So. 2d 157 (Fla. 5th DCA 2000)…PER CURIAM. AFFIRMED. See Fla. R.Crim. P. 3.850. See also Romahn v. State, 743 So. 2d 104 (Fla. 5th DCA 1999). ANTOON, C.J., DAUKSCH and W. SHARP, JJ., concur.…
Authorities Cited
- Doctor v. State, 679 So. 2d 76 (Fla. 4th DCA 1996)