THOMAS v. STATE

No. 3D01-2121.

793 So.2d 1149 (2001)

Roger Bernard THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 12, 2001.


Attorney(s) appearing for the Case

Roger Bernard Thomas, in proper person.

Robert A. Butterworth, Attorney General, and Katherine Fernandez Rundle, State Attorney and Jeremiah Van Hecke, Assistant State Attorney, for appellee.

Before SCHWARTZ, C.J., and GERSTEN, and FLETCHER, JJ.


FLETCHER, Judge.

Roger Thomas appeals the trial court's denial of his motion for post-conviction relief. We conclude that the trial court erred when it found Thomas' motion to be untimely filed and declined to consider it on the merits.

Florida Rule of Criminal Procedure 3.850(b) states that no post-conviction relief "motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final in a noncapital...

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