RANDELL LEIGHTY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant, Randell C. Leighty, appeals the circuit court’s order summarily denying his Rule 3.850 motion for postconviction relief as untimely. Defendant’s judgment and sentence were affirmed on March 5, 2008, in an authored opinion. See Leighty v. State, 981 So.2d 484 (Fla. 4th DCA 2008). The mandate issued on June 20, 2008. Defendant sought review in the Florida Supreme Court on July 7, 2008. The Court denied Defendant’s request for discretionary review on February 12, 2009. See Leighty v. State, 4 So.3d 1220 (Fla.2009). Defendant’s motion for postconviction relief was filed on December 6, 2010.
Because the motion was filed within two years from the date that the Supreme Court of Florida disposed of the petition for review, the motion should have been deemed timely. See Beaty v. State, 701 So.2d 856 (Fla.1997); Monfiston v. State, 54 So.3d 632 (Fla. 4th DCA 2011).
Accordingly, we reverse and remand for the circuit court to consider the Rule 3.850 motion on the merits.
Reversed and Remanded.
WARNER, TAYLOR and GERBER, JJ., concur.
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Jewel Grier v. State, 126 So. 3d 448 (Fla. 4th DCA 2013)…ion Relief. This motion was timely filed within two years of the Florida Supreme Court’s decision denying review of our written opinion in Grier v. State, 27 So. 3d 97 (Fla. 4th DCA 2009), rev. denied, 46 So. 3d 566 (Fla.2010). See Leighty v. State, 87 So. 3d 1262 (Fla. 4th DCA 2012); see also Beaty v. State, 701 So. 2d 856, 857 (Fla.1997). Further, the original motion, which the trial court permitted appellant to amend, was timely filed within two years of this court’s mandate on direct appeal. The postcon…
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Harrell v. State, 229 So. 3d 849 (Fla. 4th DCA 2017)…he state acknowledges that the August 2016 motion was timely filed within two years after the Florida Supreme Court declined jurisdiction to review Harrell’s direct appeal in Harrell v. State, 173 So. 3d 962 (Fla. 2015). See, e.g., Leighty v. State, 87 So. 3d 1262 (Fla. 4th DCA 2012). Accordingly, we reverse the trial court’s order and remand for the court to reconsider whether appellant is entitled to relief under rule 3.850. Gross, Taylor and May, JJ., concur.…
Authorities Cited
- Beaty v. State, 701 So. 2d 856 (Fla. 1997)
- Randell C. Leighty v. State, 981 So. 2d 484 (Fla. 4th DCA 2008)
- Monfiston v. State, 54 So. 3d 632 (Fla. 4th DCA 2011)
- D.T. Mother of N.N. v. Fla. Dep't of Child. & Families, 54 So. 3d 632 (Fla. 1st DCA 2011)