FELIX MARTINEZ RICO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Felix Rico appeals an order denying as untimely his refiled rule 3.850 motion. Rico was not given a specific time to refile his motion with a proper oath either by this court following an appeal from the original denial or by the trial court. Rico refiled his motion with a proper oath on October 8, 2007, less than two weeks after this court dismissed his appeal. The October 8, 2007 motion relates back to the previous motion that was timely filed within the two-year time limit in rule 3.850(b). The trial court’s order is reversed and this case remanded for the court to consider the October 8, 2007 motion on the merits. See Armstrong v. State, 989 So.2d 1291 (Fla. 4th DCA 2008); Woods v. State, 963 So.2d 348, 349 (Fla. 4th DCA 2007); Jumper v. State, 903 So.2d 264 (Fla. 2d DCA 2005); Mendes v. State, 770 So.2d 202 (Fla. 4th DCA 2000).
MAY, C.J., POLEN and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Venable v. State, 227 So. 3d 644 (Fla. 4th DCA 2017)…ngly, the trial court’s order is reversed in part. Denial of the third claim is affirmed, and the case is remanded for the trial court to consider the first two claims made in appellant’s June 3, 2015 amended motion on the merits. See Rico v. State, 71 So. 3d 245 (Fla. 4th DCA 2011). Affirmed in Part, Reversed and Remanded in Part. Gross, Taylor and Forst, JJ., concur.…
Authorities Cited
- Rasheed Randolph v. State, 903 So. 2d 264 (Fla. 2d DCA 2005)
- Mendes v. State, 770 So. 2d 202 (Fla. 4th DCA 2000)
- Indus. Affiliates, Ltd. v. Testa, 770 So. 2d 202 (Fla. 3d DCA 2000)
- Philmon Mowatt v. State, 963 So. 2d 348 (Fla. 4th DCA 2007)
- Woods v. State, 963 So. 2d 348 (Fla. 4th DCA 2007)
- Armstrong v. State, 989 So. 2d 1291 (Fla. 4th DCA 2008)