Breland v. State
Breland v. State
Opinion of the Court
Appellant seeks review of an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The state concedes, and we agree, that the trial court erred in denying the motion as untimely. Accordingly, we reverse and remand for consideration of Appellant’s claims on the merits.
On November 18, 2005, pursuant to a negotiated plea, Appellant was convicted and sentenced on several drug-related offenses. On direct appeal, this court vacated his sentences and remanded for re-sentencing in accordance with the plea agreement. Breland v. State, 951 So.2d 74 (Fla. 1st DCA 2007). Appellant’s new sentences were affirmed without opinion, Breland v. State, 995 So.2d 955 (Fla. 1st DCA 2008) (table), and the mandate issued on December 12, 2008.
On September 8, 2009, Appellant filed his motion for postconviction relief. In his motion and its “addendum” filed July 19, 2010, Appellant raised four claims of ineffective assistance of counsel. The trial court summarily denied the motion as untimely after concluding that it was filed more than two years after Appellant’s convictions became final. The court reasoned that the convictions were final on December 18, 2005, thirty days after they were entered, because Appellant sought review of his sentences on direct appeal but did not challenge his convictions.
In this case, the direct review proceedings concerning Appellant’s judgment and sentence concluded on December 12, 2008, upon the issuance of the mandate in the appeal after his resentencing. Because Appellant’s rule 3.850 motion was filed within two years of that date, the motion was timely and the trial court erred in denying the motion on timeliness grounds. Accordingly, we reverse the order on appeal and remand for the trial court to consider Appellant’s postconviction claims on the merits.
REVERSED and REMANDED with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.