AYRES v. STATE

No. 97-654.

708 So.2d 318 (1998)

Lloyd AYRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 13, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.


W. SHARP, Judge.

Ayres appeals from a denial of his motion for post-conviction relief filed pursuant to Florida Rules of Criminal Procedure 3.850. The trial court denied the motion because it was found to be untimely; that is, filed more than two years after his judgment and sentence became final. Fla. R.Crim. P. 3.850(b). We reverse.

In this case, Ayres was charged with exploitation of the elderly, a violation of section 415.111(5), Florida Statutes. On January...

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