Legal Opinion

Jackson v. State

District Court of Appeal of Florida

Decided November 4, 2015No. 3D15-2315Published

1Opinion of the CourtRothenberg, J.

The defendant, Richard Jackson, appeals from the denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850 based on the trial court’s determination that the motion was untimely. ' Because the record before this Court demonstrates that the motion was timely filed within the two-year time limit provided by rule 3.850 based on the “mailbox rule,” we reverse the order denying the defendant’s motion for postconviction relief and remand for consideration on the merits. See Griffin v. Sistuenck, 816 So.2d 600, 601 (Fla.2002) (“Under the mailbox rule, a…

2Cases cited4 opinions

  1. Haag v. StateSupreme Court of Florida · 1992
  2. Griffin v. SistuenckSupreme Court of Florida · 2002
  3. Pagan v. StateDistrict Court of Appeal of Florida · 2005
  4. Lawson v. StateDistrict Court of Appeal of Florida · 2013

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