ROBIN RAY MARCHETTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2014-07-25
No. 2D14-62
NORTHCUTT, KHOUZAM, and BLACK, JJ., Concur.
143 So. 3d 1077 Florida District Court of Appeal, Second District (2014) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

*1078PER CURIAM.

The order striking Robin Ray Marchet-ti’s motion for jail credit as untimely is reversed, as the motion was timely filed.1 See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”). Therefore, we remand for reconsideration of the motion.

Reversed and remanded.

NORTHCUTT, KHOUZAM, and BLACK, JJ., Concur.


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  • Perez v. State, 154 So. 3d 1203 (Fla. 2d DCA 2015)
    …cause Mr. Perez was sentenced prior to July 1, 2013, his motion was timely. See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”); see also Marchetti v. State, 143 So. 3d 1077, 1078 (Fla. 2d DCA 2014). Accordingly, we reverse and remand for [*1204] the postconviction court to reconsider Mr. Perez’s motion on its merits. Reversed and remanded with directions. KELLY and KHOUZAM, JJ., Concur.…

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