MARIO LIRA RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Timeliness Of Motion cases and more on FLexlaw
BLUE, Chief Judge.
Mario Lira Rodriguez appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Rodriguez made a facially sufficient claim that his plea was involuntary based on Heggs v. State, 759 So. 2d 620 (Fla.2000). The trial court denied the motion as untimely because it was filed more than two years after Rodriguez’s conviction became final on direct appeal. In so doing, the trial court apparently overlooked this court’s decision in Murphy v. State, 773 So. 2d 1174 (Fla. 2d DCA 2000), which held that a defendant shall have two years from the issuance of the supreme court’s opinion in Heggs to file a rule 3.850 motion challenging his or her plea on that basis. Rodriguez’s motion was thus timely. We therefore reverse and remand for an evidentiary hearing.
Reversed and remanded.
FULMER and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Galarza v. State, 818 So. 2d 543 (Fla. 2d DCA 2002)…resheet error in a motion to correct illegal sentence filed pursuant to rule 3.800(a). This court affirmed the summary denial of that motion without prejudice to any right Galarza might have to file a motion pursuant to rule 3.850. Galarza v. State, 792 So. 2d 600 (Fla. 2d DCA 2001). Galarza then filed the instant rule 3.850 motion, but the trial court converted the motion to a rule 3.800(b)(2) motion and denied it. Galarza has made a facially sufficient claim that his trial counsel was ineffective. We reve…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Pagliaro v. Penske Auto Ctrs., Inc., 773 So. 2d 1174 (Fla. 2d DCA 2000)