STEWART v. STATE

No. 5D07-3733.

987 So.2d 729 (2008)

Virgil O'Keith STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 5, 2008.


Attorney(s) appearing for the Case

Virgil O. Stewart, Cross City, pro se.

Bill McCollum, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

The appellant, Virgil O'Keith Stewart, seeks review of the denial of his rule 3.850 motion for post-conviction relief based on his trial counsel's failure to inform him that he had a statute of limitations defense to two of the five charges to which he entered pleas of guilty. Because the trial court, in considering the evidence presented to it at an evidentiary hearing addressing this issue, applied the wrong statute of limitations to the analysis, we...

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