CASTLEBERRY v. STATE

No. 2D04-849.

880 So.2d 765 (2004)

Phillip CASTLEBERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 9, 2004.


WHATLEY, Judge.

Phillip Castleberry seeks review of the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court erroneously denied Castleberry's motion as untimely, we reverse and remand.

Rule 3.850 requires that a motion for postconviction relief be filed within two years after the judgment and sentence become final. If a defendant does not appeal, the two-year period does...

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