Marchetti v. State

District Court of Appeal of Florida

Marchetti v. State

143 So. 3d 1077, 2014 WL 3677044, 2014 Fla. App. LEXIS 11396

CourtDistrict Court of Appeal of Florida

DecidedJuly 25, 2014

Docket2D14-62

StatusPublished

Cited by1 cases

This text of 143 So. 3d 1077 (Marchetti 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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Marchetti v. State, 143 So. 3d 1077, 2014 WL 3677044, 2014 Fla. App. LEXIS 11396 (Fla. Ct. App. 2014).

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Opinion

*1078 PER CURIAM.

The order striking Robin Ray Marchet-ti’s motion for jail credit as untimely is reversed, as the motion was timely filed. 1 See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”). Therefore, we remand for reconsideration of the motion.

Reversed and remanded.

NORTHCUTT, KHOUZAM, and BLACK, JJ., Concur.

1

. When the postconviction court entered its order in November 2013, the rule had not yet been amended to extend the filing limit for defendants whose sentences became final before July 1, 2013. See In re Amendments to the Florida Rules of Criminal Procedure and Florida Rules of Appellate Procedure, 132 So.3d 734 (Fla.2013); see also Calderon v. State, 138 So.3d 589 (Fla. 2d DCA 2014).

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