WILLIAM PERRY WALTON, JR. v. STATE OF FLORIDA
This text of WILLIAM PERRY WALTON, JR. v. STATE OF FLORIDA (WILLIAM PERRY WALTON, JR. v. STATE OF FLORIDA) 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.
Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
WILLIAM PERRY WALTON, JR., Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D21-139
[June 23, 2021]
Appeal of order denying rule 3.850 motion from the County Court for the Nineteenth Judicial Circuit, Martin County; Darren Steele, Judge; L.T. Case Nos. 432017MM001683AXMX and 432020AP000012AXMX.
William Perry Walton, Jr., Jasper, pro se.
No appearance required for appellee.
PER CURIAM.
We affirm the order denying appellant’s motion for postconviction relief because it was legally insufficient. We do note that the court erred in determining that it was untimely, as appellant had two years from the date of the circuit court’s mandate on appellant’s appeal in which to file his motion for relief. See Huff v. State, 569 So. 2d 1247, 1250–51 (Fla. 1990); Ghent v. State, 27 So. 3d 121, 123 (Fla. 4th DCA 2010).
Affirmed.
WARNER, GERBER and KUNTZ, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
WILLIAM PERRY WALTON, JR. v. STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-perry-walton-jr-v-state-of-florida-fladistctapp-2021.