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Castillo v. State

District Court of Appeal of Florida, Fourth District.
Mar 15, 2017
212 So. 3d 404 (Fla. Dist. Ct. App. 2017)

Opinion

No. 4D16–3081

03-15-2017

Luis CASTILLO, Appellant, v. STATE of Florida, Appellee.

Luis Castillo, Indiantown, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.


Luis Castillo, Indiantown, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

Appellant challenges the denial of his post-conviction relief motion brought pursuant to Florida Rule of Criminal Procedure 3.801. The trial court denied the motion as untimely. Appellant filed the motion within one year of the appellate mandate. Rule 3.801(b) provides that no motion "shall be filed or considered pursuant to this rule if filed more than 1 year after the sentence becomes final." A sentence becomes final when the appellate mandate issues. See generally Ghent v. State, 27 So.3d 121, 123 (Fla. 4th DCA 2010). Consequently, we accept the State's concession and remand the case to the trial court for further review of the motion.

Reversed and Remanded.

Gross, May and Klingensmith, JJ., concur.


Summaries of

Castillo v. State

District Court of Appeal of Florida, Fourth District.
Mar 15, 2017
212 So. 3d 404 (Fla. Dist. Ct. App. 2017)
Case details for

Castillo v. State

Case Details

Full title:Luis CASTILLO, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Mar 15, 2017

Citations

212 So. 3d 404 (Fla. Dist. Ct. App. 2017)