Haag v. State

570 So. 2d 1145, 1990 Fla. App. LEXIS 9283, 1990 WL 198472
CourtDistrict Court of Appeal of Florida
DecidedDecember 12, 1990
DocketNo. 90-1961
StatusPublished
Cited by1 cases

This text of 570 So. 2d 1145 (Haag 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
Haag v. State, 570 So. 2d 1145, 1990 Fla. App. LEXIS 9283, 1990 WL 198472 (Fla. Ct. App. 1990).

Opinions

PER CURIAM.

We affirm the summary denial of appellant’s 3.850 motion on the basis of untimeliness. However, we certify to the Supreme Court of Florida, as one of great public importance, the following question:

Does the rule 3.850 provision which states that with certain exceptions “no other motion shall be filed or considered pursuant to this rule if filed more than two years after the judgment and sentence become final” prevent consideration of such a motion which was turned over to prison authorities for mailing within the prescribed time limit but was stamped in by the court clerk after that time period had run?
HERSEY, C.J., and GLICKSTEIN, J., concur. LETTS, J., dissents in part with opinion.

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Related

Haag v. State
591 So. 2d 614 (Supreme Court of Florida, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
570 So. 2d 1145, 1990 Fla. App. LEXIS 9283, 1990 WL 198472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haag-v-state-fladistctapp-1990.