Legal Opinion

Riviere v. State

District Court of Appeal of Florida

Decided September 28, 2007No. 2D05-3441PublishedCited by 4 opinions

1Opinion of the Court

965 So.2d 845 (2007)

Brian Thomas RIVIERE, Appellant,

v.

STATE of Florida, Appellee.

No. 2D05-3441.

District Court of Appeal of Florida, Second District.

September 28, 2007.

KELLY, Judge.

Brian Thomas Riviere appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the postconviction court's order and remand for reconsideration of the claim as if it were filed under rule 3.850.

Riviere's motion raised the single claim that the statute of limitations expired before the State filed charges against him. The…

2Cases cited3 opinions

  1. Rinderer v. StateDistrict Court of Appeal of Florida · 2003
  2. Morgan v. StateDistrict Court of Appeal of Florida · 2004
  3. Snell v. StateDistrict Court of Appeal of Florida · 2005

3Cited by4 opinions

  1. Hettick v. StateDistrict Court of Appeal of Florida · 2008
  2. Deatherage v. StateDistrict Court of Appeal of Florida · 2009
  3. Pifer v. StateDistrict Court of Appeal of Florida · 2009
  4. Burkhead v. StateDistrict Court of Appeal of Florida · 2015

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