Balcom v. State

District Court of Appeal of Florida

Balcom v. State

153 So. 3d 338, 2014 Fla. App. LEXIS 19920, 2014 WL 6900906

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 2014

DocketNo. 1D14-1400

StatusPublished

This text of 153 So. 3d 338 (Balcom v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balcom v. State, 153 So. 3d 338, 2014 Fla. App. LEXIS 19920, 2014 WL 6900906 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

The order denying the appellant’s petition seeking to file a belated motion for postconviction relief is reversed. The case is remanded for an evidentiary hearing to determine the validity of the appellant’s claim that counsel failed to file a timely postconviction motion, without prejudice to the state’s right to raise the defense of laches. See Strong v. State, 851 So.2d 758, 758 (Fla. 2d DCA 2003) (concluding that the burden was on the state to establish laches as a defense to an otherwise timely petitipn seeking to file a belated postcon-viction motion); Sanchez v. State, 848 So.2d 1253, 1254 (Fla. 3d DCA 2003) (“If the State has a basis on which to dispute the defendant’s entitlement to a belated filing under [r]ule 3.850(b)(3), then there must be a hearing on that issue.”).

REVERSED AND REMANDED.

LEWIS, C.J., VAN NORTWICK, and SWANSON, JJ., concur.

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PER CURIAM.

The order denying the appellant’s petition seeking to file a belated motion for postconviction relief is reversed. The case is remanded for an evidentiary hearing to determine the validity of the appellant’s claim that counsel failed to file a timely postconviction motion, without prejudice to the state’s right to raise the defense of laches. See Strong v. State, 851 So.2d 758, 758 (Fla. 2d DCA 2003) (concluding that the burden was on the state to establish laches as a defense to an otherwise timely petitipn seeking to file a belated postcon-viction motion); Sanchez v. State, 848 So.2d 1253, 1254 (Fla. 3d DCA 2003) (“If the State has a basis on which to dispute the defendant’s entitlement to a belated filing under [r]ule 3.850(b)(3), then there must be a hearing on that issue.”).

REVERSED AND REMANDED.

LEWIS, C.J., VAN NORTWICK, and SWANSON, JJ., concur.

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Bluebook (online)

153 So. 3d 338, 2014 Fla. App. LEXIS 19920, 2014 WL 6900906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balcom-v-state-fladistctapp-2014.

Opinion

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