McCoggle v. State

District Court of Appeal of Florida

McCoggle v. State

810 So. 2d 1016, 2002 Fla. App. LEXIS 2369, 2002 WL 342066

Procedural entryThis page is a short order in McCoggle v. State. Read the opinion of the Court — 1999 Fla. App. LEXIS 14217 →

District Court of Appeal of Florida·Decided March 6, 2002·No. No. 4D01-3649·Published

Opinion

PER CURIAM.

We affirm the circuit court’s order denying Appellant’s motion to vacate posLcon-vietion orders, which was based on a claim that the circuit court lacked jurisdiction to rule on the post-conviction matters. The mandate in the direct appeal of Appellant’s conviction and sentence was issued on May 24, 1996. Appellant’s copy of the mandate mistakenly bears the date the copy was made — January 26, 2001 — rather than the actual issuance date of the mandate. The circuit court, therefore, had jurisdiction to enter its order denying Appellant’s motion for post-conviction relief, which was filed after the date the mandate was issued.

STONE, SHAHOOD, and GROSS, JJ., concur.

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PER CURIAM.

We affirm the circuit court’s order denying Appellant’s motion to vacate posLcon-vietion orders, which was based on a claim that the circuit court lacked jurisdiction to rule on the post-conviction matters. The mandate in the direct appeal of Appellant’s conviction and sentence was issued on May 24, 1996. Appellant’s copy of the mandate mistakenly bears the date the copy was made — January 26, 2001 — rather than the actual issuance date of the mandate. The circuit court, therefore, had jurisdiction to enter its order denying Appellant’s motion for post-conviction relief, which was filed after the date the mandate was issued.

STONE, SHAHOOD, and GROSS, JJ., concur.

McCoggle v. State, 810 So. 2d 1016, 2002 Fla. App. LEXIS 2369, 2002 WL 342066 (Fla. Ct. App. 2002).

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