ANTHONY G. STEWART, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ANTHONY G. STEWART, PETITIONER,
STATE OF FLORIDA, RESPONDENT
990 So. 2d 658
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Anthony Stewart petitions this court for a writ of certiorari seeking review of an order denying his rule 3.800(c) motion as untimely filed. The State agrees that the motion to mitigate sentence was timely filed within sixty days of this court’s mandate on direct appeal. Stewart v. State, 976 So. 2d 82 (Fla. 4th DCA 2008).
Accordingly, we grant the petition and remand this case for the circuit court to consider the rule 3.800(c) motion on the merits. See Vrobel v. State, 884 So. 2d 471 (Fla. 4th DCA 2004); McCalla v. State, 814 So. 2d 1209, 1210 (Fla. 4th DCA 2002).
FARMER, TAYLOR and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nealy v.Secretary (M.D. Fla. 2024)…he Jimmy Ryce Act—like Nealy—must raise claims of ineffective assistance of counsel in a state habeas corpus proceeding where fact finding can take place. Manning v. State, 913 So. 2d 37, 38 (1st Dist. Ct. App. Fla. 2005); see also McCrory v. State, 990 So. 2d 658, 659 (4th Dist. Ct. App. Fla. 2008) (“claims of ineffective assistance of trial counsel in a Jimmy Ryce proceeding must be raised by petition for writ of habeas corpus"). That is not a mere formality. The state habeas proceeding is where fact findin…
Authorities Cited
- Benard Graham v. State, 814 So. 2d 1209 (Fla. 3d DCA 2002)
- Vrobel v. State, 884 So. 2d 471 (Fla. 4th DCA 2004)
- Ricci Schmidt v. State, 884 So. 2d 471 (Fla. 4th DCA 2004)
- Stewart v. State, 976 So. 2d 82 (Fla. 4th DCA 2008)