Herrera v. State

District Court of Appeal of Florida

Herrera v. State

621 So. 2d 1094, 1993 Fla. App. LEXIS 8358, 1993 WL 302348

CourtDistrict Court of Appeal of Florida

DecidedAugust 10, 1993

DocketNo. 93-633

StatusPublished

This text of 621 So. 2d 1094 (Herrera 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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Herrera v. State, 621 So. 2d 1094, 1993 Fla. App. LEXIS 8358, 1993 WL 302348 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Upon examination of the record and consideration of the state’s confession of error, the denial of Oscar Herrera’s Florida Rule of Criminal Procedure 3.850 motion as untimely, is reversed. Pursuant to Haag v. State, 591 So.2d 614 (Fla.1992), appellant’s motion for post-conviction relief is deemed filed by December 24, 1992, four days prior to the expiration of the two-year period which began to run upon the issuance of the mandate in appellant’s direct appeal. See Fla.R.Crim.P. 3.850(b).

Accordingly, the trial court’s denial of appellant’s motion for post-conviction relief is reversed and the cause remanded to the trial court for further proceedings.

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PER CURIAM.

Upon examination of the record and consideration of the state’s confession of error, the denial of Oscar Herrera’s Florida Rule of Criminal Procedure 3.850 motion as untimely, is reversed. Pursuant to Haag v. State, 591 So.2d 614 (Fla.1992), appellant’s motion for post-conviction relief is deemed filed by December 24, 1992, four days prior to the expiration of the two-year period which began to run upon the issuance of the mandate in appellant’s direct appeal. See Fla.R.Crim.P. 3.850(b).

Accordingly, the trial court’s denial of appellant’s motion for post-conviction relief is reversed and the cause remanded to the trial court for further proceedings.

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621 So. 2d 1094, 1993 Fla. App. LEXIS 8358, 1993 WL 302348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrera-v-state-fladistctapp-1993.

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