Legal Opinion
Rolling v. State
District Court of Appeal of Florida
Decided April 12, 2000No. 3D99-2879PublishedCited by 2 opinions
1Per curiam
Donald Rolling, defendant, appeals the denial of his motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We affirm.
Defendant’s final judgment and sentence became final on July 13, 1989, upon issuance of the mandate in his direct appeal. See Rolling v. State, 547 So.2d 649 (Fla. 3d DCA 1989). Accordingly, the two year period during which defendant could have filed a motion for post-conviction relief-expired on July 13, 1991. The present motion was filed on June 23, 1999. The motion is consequently barred as untimely. See Fla. R.Crim. P. 3.850(b).
2Cases cited4 opinions
- Bounds v. SmithSupreme Court of the United States · 1977
- Gardner v. CaliforniaSupreme Court of the United States · 1969
- Michael L. Martin v. Sheriff Richard TysonCourt of Appeals for the Seventh Circuit · 1988
- Demps v. StateDistrict Court of Appeal of Florida · 1997
3Cited by2 opinions
- Ballester v. StateDistrict Court of Appeal of Florida · 2001
- Rolling v. StateDistrict Court of Appeal of Florida · 2000