Florida District Courts of Appeal, 2011

Mellor v. State

Mellor v. State
Florida District Courts of Appeal · Decided July 20, 2011 · Stevenson, Warner
64 So. 3d 1293; 2011 Fla. App. LEXIS 11357; 2011 WL 2848708 (Southern Reporter, Third Series)

Mellor v. State

Opinion of the Court

PER CURIAM.

The order denying appellant’s postcon-viction motion as untimely is reversed. Small v. State, 941 So.2d 555 (Fla. 1st DCA 2006). The two-year time limit for seeking postconviction relief did not begin to run until the mandate issued for this court’s affirmance of the belated direct appeal of appellant’s conviction and sentence. Mellor v. State, 968 So.2d 575 (Fla. 4th DCA 2007) (table) (mandate issued December 5, 2007). This matter is remanded for further proceedings on the postconviction motion.

Reversed and remanded for further •proceedings.

MAY, C.J., WARNER and STEVENSON, JJ., concur.

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