Capodilupo v. State
This text of 985 So. 2d 1168 (Capodilupo 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.
Opinion
Affirmed. See Fla. R.Crim. P. 3.850(b)(1) (discussing what constitutes newly discovered evidence, for the purposes of filing a rule 3.850 motion outside of the two-year time window); Major v. State, 814 So.2d 424, 431 (Fla.2002) (“[N]either the trial court nor counsel has a duty to advise a defendant that the defendant’s plea in a pending case may have sentence enhancing consequences on a sentence imposed for a crime committed'in the future.”); Bolyea v. State, 508 So.2d 457, 459 (Fla. 2nd DCA 1987) (“A probationer, whether or not incarcerated as a condition of probation, is ‘in custody’ for purposes of rule 3.850 and may seek postconviction relief pursuant to that rule.”).
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Cite This Page — Counsel Stack
985 So. 2d 1168, 2008 Fla. App. LEXIS 9447, 2008 WL 2511770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capodilupo-v-state-fladistctapp-2008.