DAVIS
v.
STATE OF FLORIDA
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Mark Jason Davis petitioned for a writ of mandamus seeking the trial court's consideration of a supplemental claim under Florida Rule of Criminal Procedure 3.850. The First District Court of Appeal dismissed the petition, holding that a defendant lacks a clear legal right to trial court consideration of such a claim filed more than two years after the judgment and sentence became final.
A defendant does not have a clear legal right to trial court consideration of a supplemental claim under Florida Rule of Criminal Procedure 3.850 when filed more than two years after the judgment and sentence became final.
[1] A defendant does not have a clear legal right to trial court consideration of a supplemental claim under Florida Rule of Criminal Procedure 3.850 when the claim is filed…
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Join FLexlaw to unlock all legal intelligence“a defendant does not have a clear legal right to the trial court's consideration of a supplemental claim under Florida Rule of Criminal Procedure 3.850 where the claim was filed more than two years after his judgment and sentence became final”
The court's holding establishing the legal principle that temporal limitations bar mandamus relief for untimely 3.850 claims
Davis filed a supplemental claim under Florida Rule of Criminal Procedure 3.850 more than two years after his judgment and sentence became final. The …
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January 15, 2025 PER CURIAM.
Upon consideration of the response docketed September 23, 2024, and the supplemental response, docketed September 30, 2024, the court converts what originally was filed as an appeal to a mandamus proceeding. See Fla. R. App. P. 9.040(c). The court treats the initial brief, docketed October 21, 2024, as a petition for writ of mandamus. We dismiss because a defendant does not have a clear legal right to the trial court’s consideration of a supplemental claim under Florida Rule of Criminal Procedure 3.850 where the claim was filed more than two years after his judgment and sentence became final.
DISMISSED. B.L. THOMAS, WINOKUR, and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Mark Jason Davis, pro se, Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.