REYNARD GASKIN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Howell M. Ramsey v. State, 965 So. 2d 854 (Fla. 2d DCA 2007)
  …ched to Mr. Ramsey’s motion are insufficient to establish that his out-of-state incarceration tolled the time for filing this motion, it shall hold further proceedings on the timeliness issue. See Lopez-Merced, 949 So. 2d at 363; Ballester v. State, 781 So. 2d 503 (Fla. 3d DCA 2001); Rolling v. State, 767 So. 2d 570 (Fla. 3d DCA 2000). Otherwise, the postconviction court shall consider the motion on the merits. Reversed and remanded as directed. WHATLEY and DAVIS, JJ., Concur.…
• Descally v. State, 792 So. 2d 1222 (Fla. 3d DCA 2001)
  …dly deprived of access to Florida legal materials or whether he was represented by counsel during the two-year statutory period for pursuing post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure (2000). See Ballester v. State, 781 So. 2d 503 (Fla. 3d DCA 2001). Motion for rehearing granted; prior decision withdrawn; remanded for evidentia-ry hearing.…
• Mahlard K. Boyd v. State, 801 So. 2d 116 (Fla. 4th DCA 2001)
  …ension stating that it found no authority in the rules for granting an extension. We disagree with that decision and conclude that extensions for post-conviction relief motions are permissible. We find support for our decision in Ballester v. State, 781 So. 2d 503 (Fla. 3d DCA 2001), in which it was held that a federal prisoner deprived of access to his Florida legal documents was not precluded from filing a late rule 3.850 motion directed to his Florida conviction. See also Jen [*117] nings v. State, 583 So.…

Authorities Cited

• State v. Rousseau, 509 So. 2d 281 (Fla. 1987)
• State v. MacKey, 719 So. 2d 284 (Fla. 1998)
• Valease Jackson v. State, 662 So. 2d 1369 (Fla. 1st DCA 1995)
• Rubin v. State, 734 So. 2d 1089 (Fla. 3d DCA 1999)