Ward v. Dugger, 87-131

Decision Date23 June 1987
Docket NumberNo. 87-131,87-131
Citation508 So.2d 778,12 Fla. L. Weekly 1526
Parties12 Fla. L. Weekly 1526 Sharon WARD, Petitioner, v. Richard DUGGER, Secretary, Florida Department of Corrections, Respondent.
CourtFlorida District Court of Appeals

Sharon Ward, petitioner, pro se.

Robert A. Butterworth, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., for respondent.

PER CURIAM.

On August 1, 1984, Sharon Ward was convicted of second-degree murder in connection with the shooting death of her husband. Her appeal of that conviction was affirmed by this court by opinion dated June 7, 1985, see Ward v. State, 470 So.2d 100 (Fla. 1st DCA 1985) and mandate issued on June 27, 1985.

On April 20, 1987, correspondence from Ms. Ward was received by the clerk of this court. The letter stated, among other things, that Ms. Ward had hoped to file a motion for post-conviction relief alleging ineffective assistance of counsel but that the privately-retained counsel who had represented her at trial had been totally uncooperative in providing her with records concerning her case that would be helpful in drafting her motion. Ms. Ward was also aware of the two year limitation in Rule 3.850, Florida Rules of Criminal Procedure, and felt that she was now barred from filing such a motion. The letter was brought to the attention of a panel of judges of this court which found that it stated a preliminary basis for relief in that Ms. Ward might be entitled to file a belated motion for post-conviction relief if the actions of her attorney had frustrated her intention to file such a motion in a timely fashion. 1 The letter was accordingly construed as a petition for writ of habeas corpus, Hewett v. Cochran, 117 So.2d 3 (Fla.1960), and Secretary Dugger was named the respondent in the cause and was directed to show cause why relief should not be granted.

In his response, Dugger argues that no relief is necessary from this court because Ward has until June 27, 1987, to file her motion for post-conviction relief. Although Dugger offers no analysis in support of his argument, we agree and accordingly dismiss the petition for writ of habeas corpus seeking leave to file a belated motion for post-conviction relief. 2

Rule 3.850, Florida Rules of Criminal Procedure, provides in pertinent part:

A motion to vacate a sentence which exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more that two years after the judgment and sentence become final [with two exceptions not relevant here]. 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.

The controlling issue is when the judgment and sentence "become final" for purposes of the rule. We agree with Dugger that, in this case, such date is June 27, 1985, the date of issuance of mandate. We recognize that proceedings seeking direct review of a conviction and...

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  • Downs v. McNeil, No. 05-10210.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 24 Marzo 2008
    ...relief returns to the sentencing court.'" Marrero v. State, 967 So.2d 934, 936 (Fla. 2d DCA 2007) (quoting Ward v. Dugger, 508 So.2d 778, 779 (Fla. 1st DCA 1987)). In the normal course of events, Downs' conviction would not have become final until the mandate issued, see Fla. R.App. P. 9.34......
  • Robinson v. Sec'y, Dep't of Corr.
    • United States
    • U.S. District Court — Middle District of Florida
    • 29 Marzo 2019
    ...its mandate-not its decision-on the direct appeal. See Anton v. State, 976 So. 2d 6, 8 (Fla. 2d DCA 2008) (citing Ward v. Dugger, 508 So. 2d 778, 779 (Fla. 1st DCA 1987)). ...
  • Steele v. Kehoe
    • United States
    • United States State Supreme Court of Florida
    • 27 Mayo 1999
    ...corpus, which would not be barred under rule 3.850(h) because it would come within the final clause thereof. See Ward v. Dugger, 508 So.2d 778, 779 (Fla. 1st DCA 1987)(construing a prisoner's letter to the district court as a habeas petition and finding that the prisoner "might be entitled ......
  • Steele v. Kehoe
    • United States
    • Court of Appeal of Florida (US)
    • 20 Marzo 1998
    ...Steele would appear entitled under due process to petition for a writ of habeas corpus6 to address this issue. See Ward v. Dugger, 508 So.2d 778 (Fla. 1st DCA 1987). In Ward v. Dugger, Sharon Ward was convicted of second degree murder and her conviction was affirmed on appeal. Several years......
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