THOMAS SKIPPER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Marshall v. State, 983 So. 2d 680 (Fla. 4th DCA 2008)
  …have from the date of discovery of the collateral civil consequences to file a motion or whether the defendant had two years from the date of discovery to file a postconviction motion. We have followed the holding of Rodriguez in Miralles v. State, 837 So. 2d 1083 (Fla. 4th DCA 2003). We recede from Miralles’ holding that a rule 3.850 motion may be filed within two years of discovering counsel’s mis-advice regarding a collateral civil consequence of entering a plea. If a collateral consequence of a plea, suc…
• Kelly v. State, 907 So. 2d 550 (Fla. 3d DCA 2005)
  …nd to claim relief from judgment); See also Lepper, 826 So. 2d at 364 (noting that courts occasionally treat untimely filed motions to withdraw filed under Rule 3.170(1) as if they were proper postcon-viction motions). . But see, Miralles v. State, 837 So. 2d 1083 (Fla. 4th DCA 2003); Jones v. State, 814 So. 2d 446 (Fla. 4th DCA 2001).…
• State v. S.S., 40 So. 3d 6 (Fla. 4th DCA 2010)
  …y misadvised him that, because adjudication would be withheld, he would not have a criminal record. Our court, en banc, determined that his postconviction motion was untimely. In so ruling, we receded from our earlier decision in Miralles v. State, 837 So. 2d 1083 (Fla. 4th DCA 2003), wherein we had held “that a rule 3.850 motion may be filed within two years of discovering counsel’s misadvice regarding a collateral civil consequence of entering a plea.” Marshall, 983 So. 2d at 682. We changed our holding to…