JEFFERSON v. STATE

No. 3D05-521.

904 So.2d 582 (2005)

James JEFFERSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 15, 2005.


Attorney(s) appearing for the Case

James Jefferson, in proper person.

Charles J. Crist, Jr., Attorney General, and Ishir Mehta, Assistant Attorney General, for appellee.

Before LEVY, C.J. and FLETCHER and RAMIREZ, JJ.


FLETCHER, Judge.

James Jefferson appeals from the denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.853. We reverse.

The trial court dismissed Jefferson's rule 3.853 petition as untimely filed, relying on the state's response that such motions must be filed within two years of the date of conviction or affirmance of conviction on appeal. As Jefferson's conviction was affirmed on March 10, 1999, the state argued...

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