Legal Opinion

Jeffery McDonald v. State

District Court of Appeal of Florida

Decided May 27, 2016No. 5D15-2889PublishedCited by 1 opinion

1Per curiam

Jeffery McDonald appeals the trial court’s final order denying his motion to rule on his second addendum to motion for postconviction relief under Rule 3.850 (“second addendum”). In denying the motion, the trial court also summarily denied McDonald’s second addendum, finding that it was “never properly filed with the Clerk or served on the State.”

McDonald’s second addendum bears a prison stamp indicating that it was handed over for mailing on February 9, 2012, which was within two years of his judgment and sentence becoming final. Under the mailbox rule, which establishes the date the motion…

2Cases cited4 opinions

  1. Thompson v. StateSupreme Court of Florida · 2000
  2. Pagan v. StateDistrict Court of Appeal of Florida · 2005
  3. Rosier v. StateDistrict Court of Appeal of Florida · 2014
  4. Mathews v. StateDistrict Court of Appeal of Florida · 2007

3Cited by1 opinion

  1. Rondle L. Snodgrass III v. State of FloridaDistrict Court of Appeal of Florida · 2019

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