Opinion
Case No. 97-505
Opinion filed April 23, 1997.
An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court of Dade County, Richard V. Margolius, Judge.
Harold Dean, in proper person.
Robert A. Butterworth, Attorney General, for appellee.
Before COPE, GODERICH, and FLETCHER, JJ.
Affirmed.
GODERICH and FLETCHER, JJ., concur.
The plea colloquy supports defendant-appellant's claim that he was misadvised that he would be eligible for parole upon completion of his mandatory minimum term. This claim falls within the scope of State v. Leroux, 21 Fla. L. Weekly S557 (Fla. Dec. 19, 1996).
I concur in denial of relief on the ground of untimeliness, however, because the Rule 3.850 motion was filed over three years after completion of the mandatory minimum term, by which time defendant should have known of his parole ineligibility. I do not think that the Leroux decision restarts the 2-year time limit for 3.850 motions.
The State has made other arguments for affirmance, but they are either unsupported by the record or are contrary to Leroux.