Cowan v. State

Lawrence E. Cowan appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Cowan raises three claims in his motion. We affirm without discussion the trial court’s denial of two of them. We reverse the trial court’s denial of Cowan’s claim that his counsel was ineffective for failing to seek Cowan’s discharge based on the running of the statute of limitations.

Cowan was convicted of the sale and possession of cocaine occurring on April 6 and 11, 1989. Section 775.15(2)(b), Florida Statutes (1989), requires prosecution for…