Villacorta v. State

District Court of Appeal of Florida

Villacorta v. State

136 So. 3d 1230, 2014 WL 1404534, 2014 Fla. App. LEXIS 5356

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 2014

DocketNo. 2D13-4008

StatusPublished

This text of 136 So. 3d 1230 (Villacorta 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

Villacorta v. State, 136 So. 3d 1230, 2014 WL 1404534, 2014 Fla. App. LEXIS 5356 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Marbin Villacorta appeals the summary denial of his motion for postconviction relief. We affirm. However, we note that Mr. Villacorta’s time limit to file a motion pursuant to Florida Rule of Criminal Procedure 3.850(b) does not expire until March 23, 2015. Accordingly, our affir-mance is without prejudice to Mr. Villacor-ta’s right to file a properly sworn motion for postconviction relief on or before that date. Any claim raised in such a motion shall not be deemed successive unless it duplicates grounds three or four of the amended motion that was the subject of the order on appeal.

ALTENBERND, CASANUEVA, and WALLACE, JJ., Concur.

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PER CURIAM.

Marbin Villacorta appeals the summary denial of his motion for postconviction relief. We affirm. However, we note that Mr. Villacorta’s time limit to file a motion pursuant to Florida Rule of Criminal Procedure 3.850(b) does not expire until March 23, 2015. Accordingly, our affir-mance is without prejudice to Mr. Villacor-ta’s right to file a properly sworn motion for postconviction relief on or before that date. Any claim raised in such a motion shall not be deemed successive unless it duplicates grounds three or four of the amended motion that was the subject of the order on appeal.

ALTENBERND, CASANUEVA, and WALLACE, JJ., Concur.

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Bluebook (online)

136 So. 3d 1230, 2014 WL 1404534, 2014 Fla. App. LEXIS 5356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villacorta-v-state-fladistctapp-2014.