Florida District Courts of Appeal, 2014

Marchetti v. State

Florida District Courts of Appeal · Decided July 25, 2014 · Northcutt, Khouzam, Black

143 So. 3d 1077; 2014 WL 3677044; 2014 Fla. App. LEXIS 11396 (Southern Reporter, Third Series)

Opinion

*1078 PER CURIAM.

The order striking Robin Ray Marchet-ti’s motion for jail credit as untimely is reversed, as the motion was timely filed. 1 See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”). Therefore, we remand for reconsideration of the motion.

Reversed and remanded.

NORTHCUTT, KHOUZAM, and BLACK, JJ., Concur.

. When the postconviction court entered its order in November 2013, the rule had not yet been amended to extend the filing limit for defendants whose sentences became final before July 1, 2013. See In re Amendments to the Florida Rules of Criminal Procedure and Florida Rules of Appellate Procedure, 132 So.3d 734 (Fla. 2013); see also Calderon v. State, 138 So.3d 589 (Fla. 2d DCA 2014).

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