Florida District Courts of Appeal, 2012

Hall v. State

Florida District Courts of Appeal · Decided April 27, 2012 · Evander, Griffin, Palmer

86 So. 3d 590; 2012 WL 1440893; 2012 Fla. App. LEXIS 6604 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Christopher Boatwright v. State (Fla. Dist. Ct. App. 2017)

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

GRIFFIN, J.

Appellant, Henry N. Hall [“Hall”], seeks review of the trial court’s denial of his rule 3.850 motion and amended 3.850 motion. Denial was based on a finding of untimeliness. We affirm in part and reverse in part. This Court’s mandate in the direct appeal of Hall’s judgment and sentence was issued on September 26, 2007, making the original post-conviction motion, filed on September 15, 2009, timely. Rosado v. State, 654 So.2d 623 (Fla. 5th DCA 1995). That motion must, therefore, be considered on its merits. The “amended” motion, which added a new ground, was correctly dismissed as untimely.

*591AFFIRMED in part; and REVERSED in part.

PALMER and EVANDER, JJ., concur.

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