Bishop v. Sheldon

Although I concurred in this case on initial release, for reasons more fully explained in my special opinion in Phillips v. State, 69 So.3d 951, 2010 WL 4861458 (Fla. 2d DCA 2010), I now dissent. This is another case in which I appreciate the court’s effort to remain obedient to the supreme court’s precedent in Lañmore and Atkinson. Nevertheless, Mr. Bishop should not be allowed to deprive the Department of Children and Family Services of jurisdiction over him by his own decision to delay a postconviction motion so that, on recalculation, his sentence expired before the unpreserved error was…