State v. Morris

The state appeals an order under Rule 3.850, Florida Rules of Criminal Procedure, which granted Morris’ motion for post-conviction relief. We reverse.

Morris moved to vacate her 1983 no contest plea to a charge of violation of section 893.13(1)(a), Florida Statutes (1981).1 As a procedural matter her Rule 3.850 motion is time-barred, and Rule 3.850 was unavailable to her in any event, as she was not “in custody under sentence of a court,” id., or under supervision, at the time her motion was brought. State v. Barber, 301 So.2d 7, 10 (Fla.1974); see also Henzel v. State, 390 So.2d 397 (Fla. 3d…