Scotty Bartek v. State

Scotty Bartek appeals the trial court’s order dismissing his petition seeking compensation under Florida’s Victims of Wrongful Incarceration Compensation Act (the Act). See §§ 961.01-07, Fla. S'tat. (2014). Determining that the trial court was correct in dismissing Bartek’s petition as untimely filed, we affirm. 1

Bartek was convicted on two counts of sexual battery upon a child under twelve years of age and sentenced to a term of life in prison. After twenty-two years of incarceration, he filed a post-conviction motion seeking a new trial based on newly discovered evidence. The motion alleged…