PEREZ v. STATE

No. 2D09-5647.

29 So.3d 1227 (2010)

Jose Oscar PEREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 26, 2010.


Attorney(s) appearing for the Case

Jose Oscar Perez, pro se.


KHOUZAM, Judge.

Jose Oscar Perez challenges the trial court's order dismissing as untimely his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

With exceptions that are not applicable here, rule 3.850(b) provides that in a noncapital case, a motion for postconviction relief is timely if filed within the two-year period following the date on which the judgment and sentence...

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