Public-domain · open source
OpenJurist

621 So. 2d 1094

Herrera v. State

District Court of Appeal of Florida

Decided August 10, 1993

District Court of Appeal of Florida · decided 1993-08-10

Relies on 591 So. 2d 614 - State v. McClain

Decided 1993-08-10

PER CURIAM.

¶1Upon examination of the record and consideration of the state’s confession of error, the denial of Oscar Herrera’s Florida Rule of Criminal Procedure 3.850 motion as untimely, is reversed. Pursuant to Haag v. State, 591 So.2d 614 (Fla.1992), appellant’s motion for post-conviction relief is deemed filed by December 24, 1992, four days prior to the expiration of the two-year period which began to run upon the issuance of the mandate in appellant’s direct appeal. See Fla.R.Crim.P. 3.850(b).

¶2Accordingly, the trial court’s denial of appellant’s motion for post-conviction relief is reversed and the cause remanded to the trial court for further proceedings.

/621/so2d/1094 · .json · Public domain