Legal Opinion

Marchetti v. State

District Court of Appeal of Florida

Decided July 25, 2014No. 2D14-62PublishedCited by 1 opinion

1Per curiam

The order striking Robin Ray Marchet-ti’s motion for jail credit as untimely is reversed, as the motion was timely filed. 1 See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”). Therefore, we remand for reconsideration of the motion.

Reversed and remanded.

NORTHCUTT, KHOUZAM, and BLACK, JJ., Concur.

1. When the postconviction court entered its order in November 2013, the rule had not yet been amended to extend the filing limit for defendants whose sentences became final before July 1, 2013. See In re…

2Cases cited2 opinions

  1. In re Amendments to the Florida Rules of Criminal Procedure & the Florida Rules of Appellate ProcedureSupreme Court of Florida · 2013
  2. Calderon v. StateDistrict Court of Appeal of Florida · 2014

3Cited by1 opinion

  1. Perez v. StateDistrict Court of Appeal of Florida · 2015

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