Summary
In Bilogan, this court reversed the summary denial of a similar motion, noting that Bilogan did not have the opportunity to apply for a work permit license prior to the change in the law.
Summary of this case from Sehnal v. StateOpinion
Case No. 4D01-4036
Opinion filed December 19, 2001
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hubert R. Lindsey, Judge; L.T. Case No. 95-3273 CFA02.
Richard W. Springer of Richard W. Springer, P.A., Palm Springs, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.
Lawrence Bilogan seeks review of the trial court's order that denied as untimely his motion to vacate a plea. We reverse and remand for further proceedings.
Bilogan challenges his 1995 plea, wherein he agreed to a lifetime suspension of his driver's license. Bilogan alleges that his plea is no longer voluntary.
Accepting Bilogan's sworn allegations as true, he entered into the plea based on the law in effect at the time; namely, that he could apply for a work permit license after five years despite the lifetime suspension. When Bilogan applied for his permit he learned that effective July 1, 1998, an individual with a lifetime suspension cannot apply for a work permit. See § 322.271, Fla. Stat. (Supp. 1998).
The trial court denied Bilogan's motion as untimely. The State acknowledges that denial of the motion as untimely was error because Bilogan could not have applied for his permit before the law changed. See, e.g., Bethune v. State, 774 So.2d 4 (Fla. 2d DCA 2000). Accordingly, we reverse and remand for the trial court to address the merits of Bilogan's claim. See State v. Wiita, 744 So.2d 1232 (Fla. 4th DCA 1999).
FARMER, STEVENSON and GROSS, JJ., concur.