Arencibia v. State

The appellant was convicted of sexual battery upon his minor child of seven years in violation of section 794.011(2), Florida Statutes (1983). He received a capital life sentence with twenty-five years minimum mandatory. See Section 775.082(1), Florida Statutes (1983). Timely appeal was taken from the conviction and sentence. That appeal was dismissed on February 7, 1986, subject to reinstatement pursuant to Baggett v. Wainwright, 229 So.2d 239 (Fla.1969), for failure of the appellant to timely file a brief.

On October 2, 1987, the appellant filed a motion to vacate pursuant to Rule 3.850,…