ARTIS MCCALL, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Dwyer v. State, 981 So. 2d 606 (Fla. 4th DCA 2008)
  …l without prejudice due to the facial insufficiency of the motion); Boykins v. State, 976 So. 2d 700 (Fla. 2d DCA 2008) (reversing denial of post-conviction relief based upon State’s concession of error on issue of timeliness); and Beasley v. State, 958 So. 2d 1086 (Fla. 2d DCA 2007) (reversing denial of post-conviction relief based upon state’s concession of error on issue of timeliness). In these cases, the Second District held that the date the defendant discovered that his gain time had been forfeited due…
• Singleton v. State, 981 So. 2d 1259 (Fla. 2d DCA 2008)
  …counsel concerning gain time eligibility or the forfeiture of gain time were timely even though filed more than two years after the finality of judgment and sentence. See Boykins v. State, 976 So. 2d 700, 700-01 (Fla. 2d DCA 2008); Beasley v. State, 958 So. 2d 1086, 1087-88 (Fla. 2d DCA 2007); Galindez v. State, 909 So. 2d 597, 598 (Fla. 2d DCA 2005); Hall v. State, 891 So. 2d 1066, 1067 (Fla. 2d DCA 2004); Spradley v. State, 868 So. 2d 632, 633 (Fla. 2d DCA 2004); see also Douglas v. State, 977 So. 2d 776, 77…
• Stephon Boykins v. State, 976 So. 2d 700 (Fla. 2d DCA 2008)
  …rge. The postconviction court summarily denied Boykins’ rule 3.850 motion, finding that it was untimely because it was not filed within two years of Boykins’ 1999 judgment and sentence. On appeal, the State concedes error based on Beasley v. State, 958 So. 2d 1086 (Fla. 2d DCA 2007). In Beasley, this court reiterated the following: [T]he triggering event for the two-year period in which to file a rule 3.850 motion is not the date of the judgment in the criminal proceeding in which the prisoner pleaded, but…

Authorities Cited

• Baker v. State, 878 So. 2d 1236 (Fla. 2004)