KOPKO v. STATE

No. 98-1770.

733 So.2d 1082 (1999)

Martin David KOPKO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 23, 1999.


Attorney(s) appearing for the Case

Martin David Kopko, Bushnell, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, C.J.

We have before us the appeal of the denial of appellant's motion for post-conviction relief. The denial was based solely on the lower court's conclusion that Mr. Kopko's motion was time barred. We reverse.

This case has an unusual procedural history. Mr. Kopko was charged with and convicted of two offenses: sexual battery and lewd assault. In 1991, this court reversed the conviction and remanded for a new trial. A sentencing error was raised...

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