BRIMAGE v. STATE

No. 3D03-2374.

937 So.2d 230 (2006)

William BRIMAGE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 1, 2006.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Leslie Scalley, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for appellee.

Before COPE, C.J., and GERSTEN and SUAREZ, JJ.


COPE, C.J.

William Brimage appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The question before us is whether defendant-appellant Brimage should be allowed to file a belated Rule 3.850 motion, if he establishes that he was not timely advised of the disposition of his direct appeal. We reverse for further proceedings.

The defendant was convicted of armed robbery in 1990 in Miami-Dade County Circuit...

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