Joshua A. Masters v. State

District Court of Appeal of Florida

Joshua A. Masters v. State

196 So. 3d 589, 2016 Fla. App. LEXIS 11822, 2016 WL 4162740

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 2016

Docket5D16-1580

StatusPublished

This text of 196 So. 3d 589 (Joshua A. Masters 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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Joshua A. Masters v. State, 196 So. 3d 589, 2016 Fla. App. LEXIS 11822, 2016 WL 4162740 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Joshua A. Masters appeals the order denying his rule 3.850 motion for postcon-viction relief, which the trial court denied as untimely. We reverse.

On January 13, 2012, Masters pled no contest to the charge of home invasion robbery with a deadly weapon. On February 7, 2012, the trial court sentenced him to twenty-five years in prison. Masters appealed and this Court affirmed. Masters v. State, 107 So.3d 424 (Fla. 5th DCA 2013). The mandate issued on February 22, 2013.

In 2013, Masters filed his first rule 3.850 motion. However, before the trial court ruled on the motion, he sought to dismiss it, which the trial court granted without prejudice to file another rule 3.850 motion within the two-year time limit. Masters filed the.current motion pursuant to the mailbox rule on January 5, 2015. The court denied the motion as untimely. This was incorrect as the motion was filed for *590 ty-eight days prior to the expiration of the two-year deadline. See Fla. R. Crim. P. 3.850(b); Beaty v. State, 701 So.2d 856, 857 (Fla.1997) (holding two-year period for filing rule 3.850 motion begins to run upon issuance of direct appeal mandate).

We reverse and remand for the trial court to consider Masters’s rule 3.850 motion, timely filed pursuant to the mailbox rule on January 5, 2015, within two years of the February 22, 2013, direct appeal mandate.

REVERSED AND REMANDED.

LAWSON, C.J., ORFINGER and LAMBERT, JJ., concur.

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PER CURIAM.

Joshua A. Masters appeals the order denying his rule 3.850 motion for postcon-viction relief, which the trial court denied as untimely. We reverse.

On January 13, 2012, Masters pled no contest to the charge of home invasion robbery with a deadly weapon. On February 7, 2012, the trial court sentenced him to twenty-five years in prison. Masters appealed and this Court affirmed. Masters v. State, 107 So.3d 424 (Fla. 5th DCA 2013). The mandate issued on February 22, 2013.

In 2013, Masters filed his first rule 3.850 motion. However, before the trial court ruled on the motion, he sought to dismiss it, which the trial court granted without prejudice to file another rule 3.850 motion within the two-year time limit. Masters filed the.current motion pursuant to the mailbox rule on January 5, 2015. The court denied the motion as untimely. This was incorrect as the motion was filed for *590 ty-eight days prior to the expiration of the two-year deadline. See Fla. R. Crim. P. 3.850(b); Beaty v. State, 701 So.2d 856, 857 (Fla.1997) (holding two-year period for filing rule 3.850 motion begins to run upon issuance of direct appeal mandate).

We reverse and remand for the trial court to consider Masters’s rule 3.850 motion, timely filed pursuant to the mailbox rule on January 5, 2015, within two years of the February 22, 2013, direct appeal mandate.

REVERSED AND REMANDED.

LAWSON, C.J., ORFINGER and LAMBERT, JJ., concur.

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196 So. 3d 589, 2016 Fla. App. LEXIS 11822, 2016 WL 4162740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joshua-a-masters-v-state-fladistctapp-2016.

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