Walton v. State

Full title: WILLIAM PERRY WALTON, JR., Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Fourth District

Date published: Jun 23, 2021

No. 4D21-139 (Fla. Dist. Ct. App. Jun. 23, 2021)

Opinion

4D21-139

06-23-2021

WILLIAM PERRY WALTON, JR., Appellant, v. STATE OF FLORIDA, Appellee.

William Perry Walton, Jr., Jasper, pro se.

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

Appeal of order denying rule 3.850 motion from the County Court for the Nineteenth Judicial Circuit, Martin County; Darren Steele, Judge; L.T. Case Nos. 432017MM001683AXMX and 432020AP000012AXMX.

William Perry Walton, Jr., Jasper, pro se.

No appearance required for appellee.

PER CURIAM

We affirm the order denying appellant's motion for postconviction relief because it was legally insufficient. We do note that the court erred in determining that it was untimely, as appellant had two years from the date of the circuit court's mandate on appellant's appeal in which to file his motion for relief. See Huff v. State, 569 So.2d 1247, 1250-51 (Fla. 1990); Ghent v. State, 27 So.3d 121, 123 (Fla. 4th DCA 2010).

Affirmed.

Warner, Gerber and Kuntz, JJ., concur.