Caballero-Rayes v. State
District Court of Appeal of Florida
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
- Ramos v. StateDistrict Court of Appeal of Florida · 1995
- Boyd v. StateDistrict Court of Appeal of Florida · 2013
3Cited by1 opinion
- IFRAIN MONDEJA v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018