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Boyd v. State

District Court of Appeal of Florida, Second District
May 4, 2001
787 So. 2d 162 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D01-1332.

Opinion filed May 4, 2001.

Appeal pursuant to Fla. R.App.P. 9.141(b)(2) from the Circuit Court for Lee County; William J. Nelson, Judge.


Billy Boyd appeals the denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The trial court properly concluded that the motion was untimely because it was filed more than two years after this court issued its mandate. See Beaty v. State, 701 So.2d 856 (Fla. 1997). Thus, we affirm the trial court.

On the other hand, this court accepted Mr. Boyd's motion for rehearing and entered an order denying his motion well after we issued mandate. He filed his postconviction motion within two years of that order. Although we should not have accepted and ruled upon his motion, having done so it is obvious that we misled him as to the time within which to file his motion. Accordingly, Mr. Boyd shall be authorized to file a motion for postconviction relief, which shall not be deemed untimely so long as it is filed within thirty days of the issuance of our mandate in this case.

Affirmed.

ALTENBERND, A.C.J., and CASANUEVA, J., and DANAHY, PAUL W., (SENIOR) JUDGE, Concur.


Summaries of

Boyd v. State

District Court of Appeal of Florida, Second District
May 4, 2001
787 So. 2d 162 (Fla. Dist. Ct. App. 2001)
Case details for

Boyd v. State

Case Details

Full title:BILLY BOYD, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 4, 2001

Citations

787 So. 2d 162 (Fla. Dist. Ct. App. 2001)