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SAAVEDRA v. STATE

No. 3D10-3025.

59 So.3d 191 (2011)

Jessie SAAVEDRA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 30, 2011.

Attorney(s) appearing for the Case

Jessie Saavedra , in proper person.

Pamela Jo Bondi , Attorney General, for appellee.

Before GERSTEN, SUAREZ, and CORTIÑAS, JJ.

SUAREZ, J.

Jessie Saavedra appeals from a final order denying his petition for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

The denial of Saavedra's rule 3.850 motion as untimely was improper. The two-year time limitation for filing motions for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 does not begin to run until appellate proceedings have concluded and the court issues a mandate...

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