Rogers v. State

The issue is whether a motion filed pursuant to Florida Rule of Criminal Procedure 3.850 is timely when filed within 2 years of an amended final judgment and which raises issues which did not exist prior to the entry of the amended final judgment. We determine the underlying motion is timely and remand to the trial court to address appellant’s motion.

On October 11, 2004, following a jury trial, appellant was sentenced to 25 years’ imprisonment with a 10-year mandatory minimum for carjacking with a firearm or deadly weapon and armed kidnapping with a deadly weapon. Appellant’s convictions and…