TYRONE MORGAN A/K/A TYREN MARCEL MORGAN, DOC #113894, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tyrone Morgan appealed the denial of his untimely motion for postconviction relief filed more than two years after his judgment became final. The Florida District Court of Appeal affirmed the denial but without prejudice, allowing Morgan to petition for belated direct appeal if he could satisfy the requirements of Florida Rule of Appellate Procedure 9.141(c).
The court affirmed the denial of Morgan's postconviction motion because it was filed more than two years after his judgment became final and he asserted no cognizable exception to the two-year limitation. However, the affirmance was without prejudice to allow Morgan to petition for belated direct appeal if he could satisfy rule 9.141(c) requirements.
[1] A motion for postconviction relief filed more than two years after a judgment and sentence become final is untimely unless a cognizable exception to the two-year limitati…
[2] A petition for a belated appeal may be filed more than two years after the expiration of time for filing the notice of appeal if the petitioner alleges under oath with a…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Morgan filed his motion more than two years after November 7, 2013, the date on which his judgment and sentence became final, and because Morgan failed to assert any cognizable exception to the two-year limitation.”
Establishes the primary basis for affirming the denial of the postconviction motion—the two-year statutory bar under rule 3.850(b).
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Join FLexlaw to unlock all legal intelligenceMorgan's judgment and sentence became final on November 7, 2013. Morgan filed a postconviction motion for relief on September 9, 2016 (more than two y…
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Tyrone Morgan appeals from the denial of his untimely motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm because Morgan filed1 his motion more than two years after November 7, 2013, the date on which his judgment and sentence became final, and because Morgan failed to assert any cognizable exception to the two-year limitation. See Fla. R. Crim. P. 3.850(b).
However, in light of Morgan’s allegation in ground three that his trial counsel never complied with his request* to appeal—a ground upon which the postconviction court could not have ruled on the merits, see Fla. R. App. P. 9.141(c)—our affir-mance is without prejudice d) Morgan' petitioning this court for belated direct appeal pursuant to rule 9.141(c), provided that he both can allege a good-faith basis and observes the time limits prescribed 'in rule 9.141(c)(5), which would require that the petition be filed no later than November 7, 2017. See Fla. R. App.’P. 9.141(c)(5)(A) (“A petition -for belated- appeal shall not be filed more than 2 years after the expiration of time for filing the notice of appeal from a final order, unless it alleges under oath with a specific factual basis that the petitioner was unaware a notice of appeal had not been timely filed or was not advised of the right to an appeal or was otherwise prevented from timely filing the notice of appeal due to circumstances beyond the petitioner’s control, and could not have ascertained such facts by the exercise of reasonable diligence.' In no case shall a petition fpr belated appeal be filed more *928than 4 years after the expiration of time for filing the notice of appeal”). Any such petition for belated appeal should specifically reference this case number and the September 9, 2016, filing date of his rule 3.850 motion.
Affirmed without prejudice.
WALLACE and SLEET, JJ., Concur.
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- State v. Thurston McCLAIN, 591 So. 2d 614 (Fla. 1992)
- Haag v. State, 591 So. 2d 614 (Fla. 1992)