HERBERT LARRY PEARSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court reversed trial court's denial of Rule 3.850 petition, holding that the two-year filing deadline does not begin until the appeal period expires, and defendant's petition mailed on the two-year anniversary was timely filed.
The two-year deadline for filing a Rule 3.850 post-conviction relief petition does not begin to run until appellate proceedings conclude or thirty days after judgment becomes final if no appeal is filed.
[1] The two-year deadline for filing a Rule 3.850 post-conviction relief motion begins to run only after appellate proceedings conclude or thirty days after judgment becomes…
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Join FLexlaw to unlock all legal intelligence“the two-year time limitation for filing motions for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 does not begin to run until appellate proceedings have concluded and the court issues a mandate or thirty days after the judgment and sentence become final if no direct appeal is filed”
Court citing Saavedra v. State to establish the rule for when the two-year deadline begins
Defendant was sentenced on August 9, 2011, following a plea. On August 8, 2013, he placed his Rule 3.850 petition in the prison mailroom, which was da…
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We reverse the trial court’s denial of the defendant’s petition filed pursuant to Florida Rule of Criminal Procedure 3.850. The defendant was sentenced pursuant to a plea on August 9, 2011. On August 8, 2013, he placed his Rule 3.850 petition into hands of the prison mailroom official. The petition was clearly date stamped: “Provided to Martin Correctional Institution on 8/8/13 for mailing” and initialed by the mailroom official. The prison mailroom log shows the petition was placed in outgoing mail to the Clerk of Court on August 9, 2013, exactly two years from the date of conviction and sentence.
As stated by this Court in Saavedra v. State, 59 So.3d 191 (Fla. 3d DCA 2011), “[t]he two-year time limitation for filing motions for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 does not begin to run until *723appellate proceedings have concluded and the court issues a mandate or thirty days after the judgment and sentence become final if no direct appeal is filed.” In addition, in Ramos v. State, 658 So.2d 169 (Fla. 3d DCA 1995), this Court stated: “where the motion for post-conviction relief is essentially a motion to set aside the plea and no previous appeal has been taken, the judgment and sentence do not become “final” for purposes of the rule until the thirty-day period for filing an appeal expires.” Applying those cases here, defendant’s sentence was not final until September 8, 2013 and his motion was timely filed.
We reverse and remand for consideration of the defendant’s Rule 3.850 petition on the merits.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Baxter Tisdale v. State, 282 So. 3d 998 (Fla. 3d DCA 2019)…ew to the summary denial of a postconviction motion filed pursuant to rule 3.853). LEGAL ANALYSIS I. Motion for Postconviction Relief Rule 3.850 provides a “two-year time limitation for filing motions for post- conviction relief.” Pearson v. State, 141 So. 3d 722, 722 (Fla. 3d DCA 2014); see Fla. R. Crim. P. 3.850(b) (“A motion to vacate a sentence that exceeds the limits 2 We decline to embrace a final claim of error grounded upon the sufficiency of evidence, without further elaboration. See Mitzenmacher…
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Starks v. State, 174 So. 3d 1079 (Fla. 5th DCA 2015)…for the appellant to timely file a rule 3.850 motion. See, e.g., Anderson v. State, 116 So. 3d 614 (Fla. 5th DCA 2013). In this case, Appellant’s motion to withdraw plea, if interpreted as a rule 3.850 motion, was timely filed. See Pearson v. State, 141 So. 3d 722, 723 (Fla. 3d DCA 2014) (citing Ramos v. State, 658 So. 2d 169 (Fla. 3d DCA 1995)). However, considering that the time to file a motion for post-conviction relief will likely expire or leave very little time to timely file a rule 3.850 motion, perha…
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Octavio Cazarez v. State (Fla. 3d DCA 2019)…lorida Rule of Criminal Procedure 3.850, we affirm. The post-conviction motion, filed on December 10, 2018, is untimely filed. The defendant had two years from the date appellate proceedings concluded and the mandate issued.1 See Pearson v. State, 141 So. 3d 722 (Fla. 3d DCA 2014); Saavedra v. State, 59 So. 3d 191 (Fla. 3d DCA 2011). A defendant may not escape the two-year time limit for filing a rule 3.850 motion by styling the pleading as a petition for writ of habeas corpus. Bermudez v. State, 870 So. 2…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ramos v. State, 658 So. 2d 169 (Fla. 3d DCA 1995)
- Saavedra v. State, 59 So. 3d 191 (Fla. 3d DCA 2011)