Byrd v. State

We reverse the order denying defendant’s motion for post conviction relief. As properly conceded by the state, the court erred in applying a four-year statute of limitations: Defendant was convicted of aggravated battery with a firearm, a second degree rather than a first degree felony. See Lareau v. State, 573 So.2d 813 (Fla.1991); Torris v. State, 611 So.2d 57 (Fla. 3d DCA 1992). Therefore, the prosecution was subject to the three-year statute of limitations. § 775.15(2)(b), Fla. Stat. (1991). Defendant, however, was arrested more than three years after the commission of the offense. The…