KENNETH G. ROGERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the time for filing a postconviction motion begins to run from the date of the appellate court's mandate after a successful petition for belated appeal.
Kenneth G. Rogers' postconviction motion was denied as untimely by the postconviction court, which calculated the two-year period from his sentencing …
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The postconviction court denied Kenneth G. Rogers’ motion filed under Florida Rule of Criminal Procedure 3.850 on the ground that it was untimely. In the postconviction court proceedings, the State *1264argued, and the postconviction court agreed, that the motion filed on March 6, 2013, was untimely because it was filed more than two years following his sentencing after violation of probation on February 18, 2008. Rogers did not immediately appeal the 2008 judgments and sentences but later filed a successful petition for belated appeal within the time limit provided under Florida Rule of Appellate Procedure 9.141(c)(5). Although both the State and the postconvietion court were aware that Rogers had filed a successful petition for belated appeal in this court, they overlooked its significance.1
Once this court granted Rogers’ petition for belated appeal, appellate case number 2D10^4415 was initiated. This court affirmed Rogers’ judgments and sentences and issued its mandate on March 7, 2012. The time for Rogers to file a motion under rule 3.850(b) then began to run on the date of this court’s mandate. See Twardokus v. State, 69 So.3d 359, 360 (Fla. 2d DCA 2011). Thus, Rogers’ motion was timely filed, and the postconviction court should have reviewed it on the merits.
Reversed and remanded for further proceedings.
NORTHCUTT, MORRIS, and BLACK, Concur.
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McDade v. State, 239 So. 3d 128 (Fla. 3d DCA 2018)…Specifically, since McDade filed a direct appeal, this Court’s affirming mandate, issued on June 5, 2015, triggered the two-year time period for McDade to file a motion under Rule 3.850(b). See Beaty, 701 So. 2d at 857; see also Rogers v. State, 146 So. 3d 1263 (Fla. 2d DCA 2014); Mullins, 974 So. 2d 1135; Jones v. State, 602 So. 2d 606 (Fla. 1st DCA 1992). McDade’s post- conviction motion, dated August 30, 2016, was filed well within the Rule’s two- year limitation period. Accordingly, the order deny…
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Burney v. State, 56 So. 3d 773 (Fla. 2d DCA 2011)…ounsel, we dismiss. Burney's judgment and sentence became final on direct review on March 31, 2011, with the issuance of our mandate on direct appeal. Burney v. State, 56 So. 3d 773 (Fla. 2d DCA 2011) (table decision). See, e.g., Rogers v. State, 146 So. 3d 1263, 1264 (Fla. 2d DCA 2014) ("The time for Rogers to file a motion under rule 3.850(b) then began to run on the date of this court's mandate."). Therefore, assuming we may construe that portion of his April 13, 2020, brief as a petition for relief pur…
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Huey v. Sec'y, Dep't of Corrections(Polk County) (M.D. Fla. 2025)…ct on the untimeliness of his federal application. Unlike on a post-conviction appeal, the granting of a belated appeal on a direct appeal tolls the limitation nunc pro tunc, which effectively delays the limitation from starting. As Rogers v. State, 146 So. 3d 1263, 1264 (2014), explains: Although both the State and the post-conviction court were aware that Rogers had filed a successful petition for belated appeal in this court, they overlooked its significance.¹ ¹ In contrast, "[t]he fili…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kynyodda Deonne Jones v. State, 922 So. 2d 1088 (Fla. 4th DCA 2006)
- Martin v. State, 941 So. 2d 1173 (Fla. 5th DCA 2006)
- Twardokus v. State, 69 So. 3d 359 (Fla. 2d DCA 2011)