O'NEILL v. State

FULMER, Judge.

James O’Neill appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse the postcon-viction court’s order and remand with instructions to dismiss O’Neill’s motion as untimely.

In 2001, O’Neill was convicted of and sentenced on nine offenses pursuant to a negotiated plea agreement. He appealed, and this court reversed and remanded for the trial court to strike minimum mandatory terms from his sentences on counts seven and nine. O’Neill v. State, 841 So.2d 629 (Fla. 2d DCA 2003). The mandate in his…