Dean v. State

Florida District Courts of Appeal
Dean v. State, 693 So. 2d 1014 (1997)
1997 Fla. App. LEXIS 4165; 1997 WL 194767
Cope, Fletcher, Goderich

Dean v. State

Concurring Opinion

COPE, Judge

(specially concurring).

The plea colloquy supports defendant-appellant’s claim that he was misadvised that he would be eligible for parole upon completion of his mandatory minimum term. This claim falls within the scope of State v. Le-roux, 689 So.2d 235 (Fla. 1996).

I concur in denial of relief on the ground of untimeliness, however, because the Rule 3.850 motion was filed over three years after completion of the mandatory minimum term, by which time defendant should have known of his parole ineligibility. I do not think that the Leroux decision restarts the 2-year time limit for 3.850 motions.

The State has made other arguments for affirmance, but they are either unsupported by the record or are contrary to Leroux.

Opinion of the Court

PER CURIAM.

Affirmed.

GODERICH and FLETCHER, JJ., concur.

Reference

Full Case Name
Harold DEAN v. The STATE of Florida
Cited By
1 case
Status
Published