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Florida District Courts of Appeal, 2000

Bateman v. State

Bateman v. State
Florida District Courts of Appeal · Decided July 12, 2000 · Barfield, Booth, Wolf
764 So. 2d 769; 2000 Fla. App. LEXIS 8774; 2000 WL 955598 (Southern Reporter, Second Series)

Bateman v. State

Opinion of the Court

PER CURIAM.

This appeal arises from the trial court’s denial of Appellant’s rule 3.850 motion on the ground that it was untimely filed. Appellant’s motion was properly filed within two years of the time that Appellant’s judgment and sentence became final. See Borghese v. State, 694 So.2d 148 (Fla. 1st DCA 1997)(citing Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988)). Accordingly, we reverse the trial court’s order and remand for reconsideration of Appellant’s motion.

REVERSED and REMANDED.

BARFIELD, C.J., BOOTH and WOLF, JJ., CONCUR.

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