Bostic v. State

District Court of Appeal of Florida

Bostic v. State

683 So. 2d 1167, 1996 Fla. App. LEXIS 13258, 1996 WL 724202

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 1996

DocketNo. 96-3338

StatusPublished

Cited by1 cases

This text of 683 So. 2d 1167 (Bostic 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

Bostic v. State, 683 So. 2d 1167, 1996 Fla. App. LEXIS 13258, 1996 WL 724202 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Appellant appeals an order summarily denying his motion for post-conviction relief as untimely. Appellant filed his motion within the time period set forth in Florida Rule of Criminal Procedure 3.850(b), which states that such motion must be filed within “two years after the judgment and sentence become final.” Appellant’s judgment and sentence became final upon issuance of this court’s April 22, 1994 mandate from the second appeal. Therefore, the rule 3.850 motion filed on March 12,1996 was timely. Jones v. State, 602 So.2d 606 (Fla. 1st DCA 1992).

We reverse the order and remand the cause for further proceedings.

WARNER, POLEN and PARIENTE, JJ., concur.

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PER CURIAM.

Appellant appeals an order summarily denying his motion for post-conviction relief as untimely. Appellant filed his motion within the time period set forth in Florida Rule of Criminal Procedure 3.850(b), which states that such motion must be filed within “two years after the judgment and sentence become final.” Appellant’s judgment and sentence became final upon issuance of this court’s April 22, 1994 mandate from the second appeal. Therefore, the rule 3.850 motion filed on March 12,1996 was timely. Jones v. State, 602 So.2d 606 (Fla. 1st DCA 1992).

We reverse the order and remand the cause for further proceedings.

WARNER, POLEN and PARIENTE, JJ., concur.

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683 So. 2d 1167, 1996 Fla. App. LEXIS 13258, 1996 WL 724202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bostic-v-state-fladistctapp-1996.

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