Legal Opinion

Cook v. State

District Court of Appeal of Florida

Decided July 21, 2009No. 1D07-2422Published

1Per curiam

The appellant, Tyrone Cook, appeals the trial court’s summary denial of his rule 3.850 motion. The appellant specifically challenges the trial court’s denial of his motion for leave to supplement the 3.850 motion. We reverse both orders and remand for the trial court to allow the appellant to supplement his rule 3.850 motion.

Under the mailbox rule, the appellant timely filed his motion for leave to supplement his rule 3.850 motion on March 30, 2006, within two years of the date his judgment and sentence became final. See Earls v. State, 958 So.2d 1153, 1153 (Fla. 1st DCA 2007); Fla. R.Crim.…

2Cases cited2 opinions

  1. Earls v. StateDistrict Court of Appeal of Florida · 2007
  2. Samuels v. StateDistrict Court of Appeal of Florida · 2008

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