Legal Opinion

Boyd v. State

District Court of Appeal of Florida

Decided October 24, 2001No. 4D01-1737PublishedCited by 1 opinion

1Opinion of the CourtKlein, J.

Appellant seeks review of an order which denied his rule 3.850 motion for post-conviction relief on the ground that it was untimely. Appellant’s motion was due on April 13, 2000, and prior to that date, on April 10, appellant filed a motion for extension of time to file the motion. In his motion for extension he explained that on March 29 he had been transferred to another prison, but that his legal papers remained at his former prison where a law clerk had been assisting him, and he had not yet been able to obtain them. He filed his post-conviction motion on May 15, 2000. We reverse.

Rule…

2Cases cited8 opinions

  1. Allen v. ButterworthSupreme Court of Florida · 2000
  2. State v. WhiteSupreme Court of Florida · 1985
  3. Brown v. StateSupreme Court of Florida · 1992
  4. Jennings v. StateSupreme Court of Florida · 1991
  5. McConn v. StateDistrict Court of Appeal of Florida · 1998

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3Cited by1 opinion

  1. State v. BoydSupreme Court of Florida · 2003

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