Knowles v. State
District Court of Appeal of Florida
1Opinion of the CourtHawkes, C.J.
Appellant challenges the denial of his postconviction motion brought pursuant to Florida Rule of Criminal Procedure 3.850 (2010). Without reaching the merits of the motion, we affirm the trial court’s denial as the motion was clearly untimely.
A Rule 3.850 motion must be filed within two years after the defendant’s judgment and sentence become final. See Fla. R.Crim. P. 3.850(b). The two-year time period begins to run when appellate proceedings have concluded and the court issues a mandate, a fact clearly stated in the Rule. See Jones v. State, 602 So.2d 606, 607 (Fla. 1st DCA 1992). Although…
2Cases cited3 opinions
- Proctor v. StateDistrict Court of Appeal of Florida · 2004
- United States v. Noah RobinsonCourt of Appeals for the Seventh Circuit · 2001
- Jones v. StateDistrict Court of Appeal of Florida · 1992
3Cited by1 opinion
- TRUEBLOOD v. DIXONDistrict Court, N.D. Florida · 2021