Rule 3.850 of Florida Rules of Criminal Procedure, In re, s. 67910
Decision Date | 19 December 1985 |
Docket Number | 67960,Nos. 67910,s. 67910 |
Citation | 11 Fla. L. Weekly 15,481 So.2d 480 |
Parties | 11 Fla. L. Weekly 15 In re RULE 3.850 OF the FLORIDA RULES OF CRIMINAL PROCEDURE. |
Court | Florida Supreme Court |
Larry Helm Spalding, Tallahassee, for Capital Collateral Representative.
Bennett H. Brummer, Public Defender, Eleventh Judicial Circuit, Miami, and Michael J. Minerva, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for The Fla. Public Defender Ass'n, Inc.
Richard A. Belz, Executive Director, Gainesville, for Fla. Institutional Legal Services, Inc.
Jim Smith, Atty. Gen. and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for respondent.
We have for consideration emergency petition for suspension and reconsideration of the time-limitation provisions of Rule 3.850, Florida Rules of Criminal Procedure.
The rule contains the following provision.
Anyone adjudicated guilty prior to January 1, 1985, shall have until January 1, 1986, to file a motion in accordance with this rule.
This provision is hereby amended to read as follows:
Any person whose judgment and sentence became final prior to January 1, 1985, shall have until January 1, 1987, to file a motion in accordance with this rule.
In all other respects the rule is reaffirmed.
It is so ordered.
To continue reading
Request your trial-
Johnson v. State
...Rules of Criminal Procedure, 460 So.2d 907 (Fla.1984). This deadline was extended to January 1, 1987. In re: Rule 3.850 of Florida Rules of Criminal Procedure, 481 So.2d 480 (Fla.1985). That portion of the rule containing the time limitation now reads as A motion to vacate a sentence which ......
-
Rozier v. Sec'y, Fla. Dep't of Corr.
...1, 1985, had until January 1, 1986, to file a Rule 3.850 motion challenging their pre-1985 conviction. In re Rule 3.850 of Fla. R. Crim. P., 481 So. 2d 480, 480 (Fla. 1985). Appeals filed in a state court from the denial of these motions also toll the limitations period. See Crosby, 391 F.3......
-
Brown v. State, 85-25
...it because it "did not believe it appropriate to approve boiler plate language." See The Florida Bar Re: Rules of Criminal Procedure (Sentencing Guidelines, 3.701, 3.988), 481 So.2d 480 (Fla.1985). ...
-
Bixler v. State
...concluded, however, that any such motion or petition was untimely and procedurally barred. See In re Rule 3.850 of Florida Rules of Criminal Procedure, 481 So.2d 480, 480 (Fla.1985) ("Any person whose judgment and sentence became final prior to January 1, 1985, shall have until January 1, 1......