Legal Opinion

Ballester v. State

District Court of Appeal of Florida

Decided April 4, 2001No. 3D00-359PublishedCited by 5 opinions

1Opinion of the Court

781 So.2d 503 (2001)

John BALLESTER, Appellant,

v.

The STATE of Florida, Appellee.

No. 3D00-359.

District Court of Appeal of Florida, Third District.

April 4, 2001.

John Ballester, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before GERSTEN, GODERICH, and SHEVIN, JJ.

2Per curiam

The appellant, John Ballester, appeals from the denial of his 3.850 motion as untimely. The defendant contends that the two-year period for filing his motion for post-conviction relief was tolled because he did not have access to Florida legal materials while incarcerated in federal prison, thereby depriving him…

3Cases cited3 opinions

  1. Demps v. StateDistrict Court of Appeal of Florida · 1997
  2. Rolling v. StateDistrict Court of Appeal of Florida · 2000
  3. Gaskin v. StateDistrict Court of Appeal of Florida · 2001

4Cited by5 opinions

  1. Ramsey v. StateDistrict Court of Appeal of Florida · 2007
  2. Balvin v. StateDistrict Court of Appeal of Florida · 2006
  3. Boyd v. StateDistrict Court of Appeal of Florida · 2001
  4. Descally v. StateDistrict Court of Appeal of Florida · 2001
  5. Ballester v. StateDistrict Court of Appeal of Florida · 2004

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