Florida District Courts of Appeal, 1994

Bailey v. State

Florida District Courts of Appeal · Decided July 20, 1994 · No. 94-02039 · Altenbernd, Ryder, Threadgill

640 So. 2d 1173; 1994 Fla. App. LEXIS 7212; 1994 WL 380930 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Rosado v. State (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The trial court denied as time-barred the appellant’s motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse because the motion was filed within two years of the issuance of this court’s mandate in the appellant’s direct appeal from his judgment and sentence in this case. See McCuiston v. State, 507 So.2d 1185 (Fla. 2d DCA 1987) (judgment of conviction becomes final upon issuance of mandate in direct appeal), approved in, 534 So.2d 1144 (Fla. 1988).

Reversed and remanded.

RYDER, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.