TERRANCE DUNCAN
v.
STATE OF FLORIDA
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A motion to vacate a sentence under Florida Rule of Criminal Procedure 3.850(b)(1) filed more than two years after judgment becomes final is barred unless it alleges facts unknown to the movant that could not have been discovered through due diligence.
[1] A motion to vacate a sentence filed more than two years after judgment and sentence become final is barred unless the movant alleges facts that were unknown and could not…
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Join FLexlaw to unlock all legal intelligence“A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final unless it alleges that: (1) the facts on which the claim is predicated were unknown to the movant or the movant's attorney and could not have been ascertained by the exercise of due diligence, and the claim is made within 2 years of the time the new facts were or could have been discovered with the exercise of due diligence.”
Statement of the applicable rule governing timeliness of motions to vacate sentences
Terrance Duncan appealed from a circuit court decision regarding his motion to vacate sentence in Miami-Dade County. The appeal involved three lower t…
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Third District Court of Appeal State of Florida
Opinion filed June 25, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0424 Lower Tribunal Nos. F12-24880, F14-45 & F15-8858 ________________
Terrance Duncan, Appellant,
vs.
The State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.
Daniel J. Tibbitt, P.A., and Daniel Tibbitt, for appellant.
James Uthmeier, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.
Before SCALES, LINDSEY, and LOBREE, JJ.
PER CURIAM.
2 Affirmed. See Fla. R. Crim. P. 3.850(b)(1) (“A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final unless it alleges that: (1) the facts on which the claim is predicated were unknown to the movant or the movant’s attorney and could not have been ascertained by the exercise of due diligence, and the claim is made within 2 years of the time the new facts were or could have been discovered with the exercise of due diligence[.]”) (emphasis added).