Legal Opinion
Saavedra v. State
District Court of Appeal of Florida
Decided March 9, 2011No. 3D10-3025PublishedCited by 10 opinions
1Opinion of the CourtSuarez, J.
Jessie Saavedra appeals from a final order denying his petition for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.
The denial of Saavedra’s rule 3.850 motion as untimely was improper. The two-year time limitation for filing motions for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 does not begin to run until appellate proceedings have concluded and the court issues a mandate or thirty days after the judgment and sentence become final if no direct appeal is filed. See Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988).…
2Cases cited8 opinions
- Thompson v. StateSupreme Court of Florida · 2000
- Gust v. StateDistrict Court of Appeal of Florida · 1988
- Cozza v. StateDistrict Court of Appeal of Florida · 2000
- Fulcher v. StateDistrict Court of Appeal of Florida · 2004
- Hines v. StateDistrict Court of Appeal of Florida · 2005
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3Cited by10 opinions
- McCall v. StateDistrict Court of Appeal of Florida · 2012
- Johnny L. Sadler, Jr. v. State of FloridaDistrict Court of Appeal of Florida · 2014
- Masis v. StateDistrict Court of Appeal of Florida · 2018
- Pearson v. StateDistrict Court of Appeal of Florida · 2014
- Cox v. StateDistrict Court of Appeal of Florida · 2012
5 more not listed; retrieve them via the Exa API.