DUDLEY SCOTT A/K/A DUDLEY BACQUIE, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Marshall v. State, 983 So. 2d 680 (Fla. 4th DCA 2008)
  …by Marshall in what appears to be a form “Memorandum of Law for Postconviction Motion 3.850.” The form memorandum, which includes blank lines to enter case-specific information,1 argues that the mo [*682] tion is timely based on Rodriguez v. State, 824 So. 2d 328 (Fla. 3d DCA 2002). In Rodriguez, the Third District found that a postconvietion motion should have been considered on the merits where the movant did not discover counsel’s misad-vice about a collateral civil consequence until the two-year time li…
• Raimundo Gomez v. State, 126 So. 3d 444 (Fla. 4th DCA 2013)
  …e of deportation consequences must be brought within two years of the conviction becoming final. In Marshall, we found that the reasoning of Green should also apply in cases of misadvice. In Marshall, we certified conflict with Rodriguez v. State, 824 So. 2d 328 (Fla. 3d DCA 2002), and State v. Johnson, 615 So. 2d 179 (Fla. 3d DCA 1993). This conflict has never been resolved, although Rodriguez and Johnson were both decided prior to Green, which we conclude controls this issue. Affirmed. WARNER, MAY…
• Miralles v. State, 837 So. 2d 1083 (Fla. 4th DCA 2003)
  …o year filing deadline, an allegation of affirmative misadvice is reviewable under Rule 3.850 if a claim is filed within two years of discovering counsel’s misadvice. See Ghanavati v. State, 820 So. 2d 989 (Fla. 4th DCA 2002) and Rodriguez v. State, 824 So. 2d 328 (Fla. 3d DCA 2002). The defendant does not allege in his motion when he discovered counsel’s affirmative misadvice. He claims to have been advised his felony convictions bar him from maintaining the license, and had adjudication been withheld in h…

Authorities Cited

• Saldana v. State, 786 So. 2d 643 (Fla. 3d DCA 2001)