COLLIS D. RICH
v.
STATE OF FLORIDA
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A postconviction motion under Florida Rule of Criminal Procedure 3.801 must be filed within one year after the sentence becomes final, or by July 1, 2014 for sentences imposed prior to July 1, 2013.
[1] A motion filed under Florida Rule of Criminal Procedure 3.801 is untimely and subject to summary denial if filed more than one year after the sentence becomes final; for…
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Join FLexlaw to unlock all legal intelligenceRich filed a postconviction motion on January 8, 2021, claiming entitlement to additional jail credit for time served in 2009. The trial court summari…
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September 22, 2021 PER CURIAM.
Collis D. Rich appeals an order summarily denying his postconviction motion filed under Florida Rule of Criminal Procedure 3.801. In his January 8, 2021 motion, Rich asserted that he was entitled to additional jail credit for time he spent in jail in 2009. The trial court correctly denied the motion as untimely. See Fla. R. Crim. P. 3.801(b) (“No motion shall be filed or considered pursuant to this rule if filed more than 1 year after the sentence becomes final.”); In re Amendments to Fla. Rules of Criminal Procedure & Fla. Rules of Appellate Procedure, 132 So. 3d 734, 746–47 (Fla. 2013) (amending rule 3.801(b) to add, “For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”).
AFFIRMED.
ROWE, C.J., and LEWIS and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Collis D. Rich, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.
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- In re Amendments to the Florida Rules of Criminal Procedure and the Florida Rules of Appellate Procedure, 132 So. 3d 734 (Fla. 2013)