ISAAC CHAPPELL, JR.
v.
STATE OF FLORIDA
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The two-year limitation period for filing a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 does not begin to run until direct review proceedings have concluded.
[1] The two-year limitation period for filing a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 does not commence until direct review proceedi…
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Join FLexlaw to unlock all legal intelligence“the two-year limit for filing a motion pursuant to Florida Rule of Criminal Procedure 3.850 does not begin to run until direct review proceedings have concluded”
Court's statement of the governing legal rule regarding when the limitation period commences
Isaac Chappell, Jr. was convicted and resentenced. He timely filed a motion for postconviction relief on December 11, 2018, within two years of when h…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
ISAAC CHAPPELL, JR., Appellant,
v.
STATE OF FLORIDA, Appellee.
Opinion filed August 30, 2019
Appeal from the Circuit Court for Osceola County, Greg A. Tynan, Judge.
Isaac Chappell, Jr., Crawfordville, pro se. No Appearance for Appellee,
PER CURIAM.
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Case No. 5D19-567
ON MOTION FOR REHEARING
We grant Isaac Chappell Jr.'s (“Defendant”) motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.
The Defendant appeals the trial court's order summarily denying his motion for postconviction relief for lack of jurisdiction. We reverse.
Here, the Defendant timely filed his motion for postconviction relief. We agree that the two-year limit for filing a motion pursuant to Florida Rule of Criminal Procedure 3.850
does not begin to run until direct review proceedings have concluded. Glands v. State, 239 So. 3d 770 (Fla. 2d DCA 2018); Breland v. State, 58 So. 3d 326 (Fla. 1st DCA 2011); Pierce v. State, 875 So. 2d 726 (Fla. 4th DCA 2004); Snipes v. State, 843 So. 2d 1043 (Fla. 2d DCA 2003); Skeens v. State, 853 So. 2d 494 (Fla. 2d DCA 2003); McGee v. State, 684 So. 2d 241 (Fla. 2d DCA 1996).
The Defendant's convictions and sentences became final for the purposes of rule 3.850 when the thirty-day deadline expired for filing a direct appeal of his resentencing in this case.1 Pursuant to the mailbox rule, Defendant filed his rule 3.850 motion on December 11, 2018. The two-year deadline was December 14, 2018.
Accordingly, we reverse and remand for the trial court to consider the merits of the Defendant's motion for postconviction relief.
REVERSED AND REMANDED.
COHEN, EDWARDS and EISNAUGLE, JJ., concur.