Bee v. State
Cases that cite this one
4 later published cases cite this decision.
- Wallace v. State (Fla. Dist. Ct. App. 2019)
- Wallace v. State (Fla. Dist. Ct. App. 2019)
- Jean Hugue Daniel v. State of Florida (Fla. Dist. Ct. App. 2016)
- Corbin v. State (Fla. Dist. Ct. App. 2014)
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
We affirm the trial court’s summary denial of appellant’s untimely motion for postconviction relief. On appeal, appellant argues that he should have been afforded an evidentiary hearing on his allegations that counsel was asked to file the motion within two years of discovery of the alleged misadvice about the immigration consequences of the plea. We reject this argument.
The two-year time limit for filing a post-conviction motion runs from the date the conviction and sentence become final, not from when a defendant discovers misad-vice. Mortimer v. State, 96 So.3d 1060, 1063 (Fla. 4th DCA 2012); State v. Green, 944 So.2d 208 (Fla. 2006). The motion is untimely and no valid exception was alleged.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.