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STATE v. MORRIS

No. 88-1307.

538 So.2d 514 (1989)

The STATE of Florida, Appellant, v. Lornia MORRIS, Appellee.

District Court of Appeal of Florida, Third District.

February 7, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Fariba N. Komeily, Asst. Atty. Gen., for appellant.

David S. Markus, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and COPE, JJ.

PER CURIAM.

The state appeals an order under Rule 3.850, Florida Rules of Criminal Procedure, which granted Morris' motion for post-conviction relief. We reverse.

Morris moved to vacate her 1983 no contest plea to a charge of violation of section 893.13(1)(a), Florida Statutes (1981).1 As a procedural matter her Rule 3.850 motion is time-barred, and Rule 3.850 was unavailable to her in any event, as she was not "in custody under...

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