Caracciolo v. State, 89-2734.
| Decision Date | 23 August 1990 |
| Docket Number | No. 89-2734.,89-2734. |
| Citation | 564 So.2d 1163 |
| Parties | Anthony CARACCIOLO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Anthony Caracciolo, Miami, pro se.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.
ON REHEARING
Appellant seeks review of a denial of his rule 3.850 motion below. This court on December 6, 1989, had per curiam affirmed the trial court's denial of appellant's motion on the basis that the motion was untimely filed. In his motion for rehearing, appellant called to our attention the authority of Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988). Gust appears to be the only authority in Florida on this point, and supports appellant's position that even though he pled guilty and waived his right to appeal, he may still file a rule 3.850 motion within two years from the date of sentencing, plus thirty days for appeal. Based on appellant's argument, rehearing was granted and we have now considered the matter on the merits.
Having determined that the appellant has failed to demonstrate any error on the part of the trial court in denying his 3.850 motion, appellant's convictions and sentences are, therefore, affirmed.
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Napolitano v. State, 4D00-4179.
...and sentence became final on May 26, 1998,1 when the time within which he could have filed an appeal expired. See Caracciolo v. State, 564 So.2d 1163, 1164 (Fla. 4th DCA 1990); Ramos v. State, 658 So.2d 169, 170 (Fla. 3d DCA 1995); Gust v. State, 535 So.2d 642, 643 (Fla. 1st DCA 1988). Ther......
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Plowman v. State, 91-1372
...and Angelica D. Zayas, Asst. Atty. Gen., for appellee. Before HUBBART, BASKIN and GERSTEN, JJ. PER CURIAM. Affirmed. Caracciolo v. State, 564 So.2d 1163 (Fla. 4th DCA 1990); Myers v. State, 539 So.2d 525 (Fla. 1st DCA 1989); Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988); Ward v. Dugger, ......