Legal Opinion

Caballero-Rayes v. State

District Court of Appeal of Florida

Decided September 20, 2013No. 2D12-5541PublishedCited by 1 opinion

1Opinion of the Court

KHOUZAM, Judge.

Billy Caballero-Rayes appeals the summary denial of his motion filed pursuant to *438Florida Rule of Criminal Procedure 3.850. We reverse.

In summarily denying Caballero-Rayes’s motion as untimely, the postcon-viction court incorrectly relied on the date the judge signed the judgment and sentence — April 26, 2010 — rather than the date it was filed with the clerk of the court-May 3, 2010. See Fla. R.App. P. 9.020(i); Boyd v. State, 106 So.3d 11, 12 (Fla. 2d DCA 2013) (“The relevant date for finality of a sentencing order is the date the written order is filed.”). The record…

2Cases cited2 opinions

  1. Ramos v. StateDistrict Court of Appeal of Florida · 1995
  2. Boyd v. StateDistrict Court of Appeal of Florida · 2013

3Cited by1 opinion

  1. IFRAIN MONDEJA v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018

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