Rojas v. State

District Court of Appeal of Florida

Rojas v. State

816 So. 2d 1270, 2002 Fla. App. LEXIS 8210, 2002 WL 1284223

CourtDistrict Court of Appeal of Florida

DecidedJune 12, 2002

DocketNo. 3D02-0979

StatusPublished

This text of 816 So. 2d 1270 (Rojas 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

Rojas v. State, 816 So. 2d 1270, 2002 Fla. App. LEXIS 8210, 2002 WL 1284223 (Fla. Ct. App. 2002).

Pincite

Opinion

CONFESSION OF ERROR

PER curiam.

The state correctly concedes that the trial court erred in summarily denying defendant’s motion for post-conviction relief on the grounds that it was untimely filed. Defendant’s conviction and sentence became final upon this Court’s issuance of a mandate on March 24, 2000. Defendant filed his motion for post-conviction relief on March 6, 2002, within two years of the date of the mandate. Thus, defendant’s motion was timely. See Fla. R.Crim. P. 3.850(b). Accordingly, we reverse the trial court’s order and remand the case to the trial court to permit the defendant to file an amended motion for post-conviction relief, which is to relate back to the original date of filing.

Reversed and remanded with instructions.

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CONFESSION OF ERROR

PER curiam.

The state correctly concedes that the trial court erred in summarily denying defendant’s motion for post-conviction relief on the grounds that it was untimely filed. Defendant’s conviction and sentence became final upon this Court’s issuance of a mandate on March 24, 2000. Defendant filed his motion for post-conviction relief on March 6, 2002, within two years of the date of the mandate. Thus, defendant’s motion was timely. See Fla. R.Crim. P. 3.850(b). Accordingly, we reverse the trial court’s order and remand the case to the trial court to permit the defendant to file an amended motion for post-conviction relief, which is to relate back to the original date of filing.

Reversed and remanded with instructions.

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Bluebook (online)

816 So. 2d 1270, 2002 Fla. App. LEXIS 8210, 2002 WL 1284223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rojas-v-state-fladistctapp-2002.