GUZMAN
v.
STATE
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Convictions are reinstated; statute of limitations defense that was barred on appeal may be raised in post-conviction relief proceedings.
[1] A statute of limitations defense not properly preserved at trial or on direct appeal may be raised in a post-conviction relief motion.
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Join FLexlaw to unlock all legal intelligenceGuzman was convicted of offenses in Miami-Dade County and appealed, raising a statute of limitations defense. This court previously reversed the convi…
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PER CURIAM.
ON REMAND FROM THE FLORIDA SUPREME COURT This case has been remanded to us by the Florida Supreme Court following its decision in State v. Guzman, SC17-460, 2018 WL 6010728 (Fla. Nov. 16, 2018). That decision quashed our reversal of Guzman’s convictions as barred by the statute of limitations for the offenses. See Guzman v. State, 211 So. 3d 204, 205 (Fla. 3d DCA 2016).
In accordance with the Supreme Court’s opinion and pursuant to its mandate, we reinstate Guzman’s convictions without prejudice to his raising the issue in a post-conviction relief motion. See State v. Guzman, 2018 WL 6010728, at *1 (Pariente, J., dissenting).