Bateman v. State

District Court of Appeal of Florida

Bateman v. State

764 So. 2d 769, 2000 Fla. App. LEXIS 8774, 2000 WL 955598

CourtDistrict Court of Appeal of Florida

DecidedJuly 12, 2000

DocketNo. 1D00-1577

StatusPublished

This text of 764 So. 2d 769 (Bateman 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.

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Bateman v. State, 764 So. 2d 769, 2000 Fla. App. LEXIS 8774, 2000 WL 955598 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

This appeal arises from the trial court’s denial of Appellant’s rule 3.850 motion on the ground that it was untimely filed. Appellant’s motion was properly filed within two years of the time that Appellant’s judgment and sentence became final. See Borghese v. State, 694 So.2d 148 (Fla. 1st DCA 1997)(citing Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988)). Accordingly, we reverse the trial court’s order and remand for reconsideration of Appellant’s motion.

REVERSED and REMANDED.

BARFIELD, C.J., BOOTH and WOLF, JJ., CONCUR.

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PER CURIAM.

This appeal arises from the trial court’s denial of Appellant’s rule 3.850 motion on the ground that it was untimely filed. Appellant’s motion was properly filed within two years of the time that Appellant’s judgment and sentence became final. See Borghese v. State, 694 So.2d 148 (Fla. 1st DCA 1997)(citing Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988)). Accordingly, we reverse the trial court’s order and remand for reconsideration of Appellant’s motion.

REVERSED and REMANDED.

BARFIELD, C.J., BOOTH and WOLF, JJ., CONCUR.

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764 So. 2d 769, 2000 Fla. App. LEXIS 8774, 2000 WL 955598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bateman-v-state-fladistctapp-2000.

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