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Hamilton v. State

852 So. 2d 329, 2003 Fla. App. LEXIS 11760, 2003 WL 21800821
CourtDistrict Court of Appeal of Florida
DecidedAugust 6, 2003
DocketNo. 4D03-2034
StatusPublished

This text of 852 So. 2d 329 (Hamilton 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
Hamilton v. State, 852 So. 2d 329, 2003 Fla. App. LEXIS 11760, 2003 WL 21800821 (Fla. Ct. App. 2003).

Opinion

PER CURIAM.

Appellant, Jason Hamilton appeals an order summarily denying his motion for post-conviction relief as untimely. Florida Rule of Criminal Procedure 3.850(b), provides 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 16, 2001, mandate from the second appeal. Therefore, the motion filed in March 2003, was timely. Bostic v. State, 683 So.2d 1167 (Fla. 4th DCA 1996); Jones v. State, 602 So.2d 606 (Fla. 1st DCA 1992).

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

POLEN, TAYLOR and HAZOURI, JJ., concur.

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Related

Jones v. State
602 So. 2d 606 (District Court of Appeal of Florida, 1992)
Bostic v. State
683 So. 2d 1167 (District Court of Appeal of Florida, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
852 So. 2d 329, 2003 Fla. App. LEXIS 11760, 2003 WL 21800821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-state-fladistctapp-2003.