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866 So. 2d 107

Docket No. 2D03-2502.

De Geso v. State

Charles P. DE GESO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 6, 2004.

District Court of Appeal of Florida · decided 2004-02-06

Cited by 1 later decisions — most recently October 2007

1 state decisions

Key passage — most relied on by later courts

“after the judgment and sentence become final in a noncapital case.”

quoted by 1 later decision, including WAITER v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-02-06

View the full empirical analysis of this case →

¶1STRINGER, Judge.

¶2Charles De Geso challenges the trial court's order summarily dismissing his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court erroneously dismissed the motion as untimely and did not reach the merits of De Geso's claims, we reverse.

¶3On April 28, 1999, a jury found De Geso guilty of two counts of trafficking in cocaine. He was sentenced to eleven and a half years in prison. De Geso appealed, and on December 12, 2000, the mandate of this court issued in which his convictions were affirmed. His sentences were reversed, and the case was remanded. On February 15, 2001, De Geso was resentenced to concurrent terms of 83.2 months in prison. He did not appeal. This motion for postconviction relief was filed on February 18, 2003.

¶4Rule 3.850(b) states that "[n]o other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final in a noncapital case...." Fla. R.Crim. P. 3.850(b) (emphasis added). Accordingly, De Geso had until roughly March 15, 2003, *108 to file a motion for postconviction relief. Therefore, his motion was timely filed.

¶5Reversed and remanded.

¶6COVINGTON and VILLANTI, JJ., Concur.

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