Public-domain · open source
OpenJurist

143 So. 3d 1077

Marchetti v. State

District Court of Appeal of Florida · decided 2014-07-25

Cited by 1 later decisions — most recently January 2015

1 state decisions

Relies on 132 So. 3d 734 - In re Amendments to the Florida Rules of Criminal Procedure & the Florida Rules of Appellate Procedure · 138 So. 3d 589 - Calderon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2014-07-25

View the full empirical analysis of this case →

*1078 PER CURIAM.

¶1 The order striking Robin Ray Marchet-ti’s motion for jail credit as untimely is reversed, as the motion was timely filed. 1 See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”). Therefore, we remand for reconsideration of the motion.

¶2 Reversed and remanded.

NORTHCUTT, KHOUZAM, and BLACK, JJ., Concur.
1

¶3 . When the postconviction court entered its order in November 2013, the rule had not yet been amended to extend the filing limit for defendants whose sentences became final before July 1, 2013. See In re Amendments to the Florida Rules of Criminal Procedure and Florida Rules of Appellate Procedure, 132 So.3d 734 (Fla.2013); see also Calderon v. State, 138 So.3d 589 (Fla. 2d DCA 2014).

/143/so3d/1077 · .json · Public domain