Ayres v. State

I concur in granting relief to Lloyd Ayres but would hesitate to hold his motion timely under rule 3.850. See Saccucci v. State, 546 So.2d 1154 (Fla. 2d DCA 1989). Because Ayres is not guilty of any valid offense, any sentence that .he received would be void. The supreme court’s determination that the statute under which Ayres was convicted is unconstitutional renders the statute inoperative from the date of its enactment. Garcia v. State, 651 So.2d 1300 (Fla. 2d DCA 1995). Thus, the crime for which Ayres was convicted did not exist and one simply cannot be convicted of a non-existent crime.…