Kopko v. State

We have before us the appeal of the denial of appellant’s motion for post-conviction relief. The denial was based solely on the lower court’s conclusion that Mr. Kopko’s motion was time barred. We reverse.

This case has an unusual procedural history. Mr. Kopko was charged with and convicted of two offenses: sexual battery and lewd assault. In 1991, this court reversed the conviction and remanded for a new trial. A sentencing error was raised but was moot in light of our reversal of the conviction. Kopko v. State, 577 So.2d 956 (Fla. 5th DCA 1991). In 1992, the supreme court quashed our…