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Miller v. State

District Court of Appeal of Florida, Fourth District
Jun 17, 1992
601 So. 2d 604 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-1216.

June 17, 1992.

Appeal from the Circuit Court, Indian River County, L.B. Vocelle, J.

William Miller, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant appeals the denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court summarily denied the motion as untimely. Appellant's judgment and sentence were not final for purposes of rule 3.850 until this court issued its mandate in the direct appeal on October 12, 1990. See Huff v. State, 569 So.2d 1247, 1250 (Fla. 1990); Ferris v. State, 575 So.2d 303 (Fla. 4th DCA 1991). Therefore, we find that appellant's November 19, 1991, motion was timely filed within the two year period provided by rule 3.850. Accordingly, this cause is reversed and remanded for further proceedings.

REVERSED and REMANDED.

ANSTEAD, WARNER and POLEN, JJ., concur.


Summaries of

Miller v. State

District Court of Appeal of Florida, Fourth District
Jun 17, 1992
601 So. 2d 604 (Fla. Dist. Ct. App. 1992)
Case details for

Miller v. State

Case Details

Full title:WILLIAM MILLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 17, 1992

Citations

601 So. 2d 604 (Fla. Dist. Ct. App. 1992)

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