Bailey v. State

Full title: JAMES WARREN BAILEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jul 20, 1994

640 So. 2d 1173 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-02039.

July 20, 1994.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, Judge.

PER CURIAM.

The trial court denied as time-barred the appellant's motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse because the motion was filed within two years of the issuance of this court's mandate in the appellant's direct appeal from his judgment and sentence in this case. See McCuiston v. State, 507 So.2d 1185 (Fla. 2d DCA 1987) (judgment of conviction becomes final upon issuance of mandate in direct appeal), approved in, 534 So.2d 1144 (Fla. 1988).

Reversed and remanded.

RYDER, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.