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CARBAJAL v. STATE

No. SC10-466.

75 So.3d 258 (2011)

David CARBAJAL, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

November 3, 2011.

Attorney(s) appearing for the Case

Sarah Lahlou-Amine of Fowler, White and Boggs, P.A., Tampa, FL, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, FL, Robert J. Krauss , Bureau Chief, Elba C. Martin-Schomaker , and Cerese Crawford Taylor , Assistant Attorneys General, Tampa, FL, for Respondent.

CANADY, C.J.

In this case, we consider the timeliness of a claim raised under Florida Rule of Criminal Procedure 3.850 that the Office of the Statewide Prosecutor (OSP) lacked jurisdiction to prosecute the defendant. We have for review Carbajal v. State, 28 So.3d 187 (Fla. 2d DCA 2010), in which the Second District Court of Appeal rejected Carbajal's argument that the time limitations of rule 3.850 were not applicable to...

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