Opinion
No. 2D14–62.
2014-07-25
Robin Ray MARCHETTI, Appellant, v. STATE of Florida, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Nancy Moate Ley, Judge.
PER CURIAM.
The order striking Robin Ray Marchetti's motion for jail credit as untimely is reversed, as the motion was timely filed. SeeFla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”). Therefore, we remand for reconsideration of the motion.
When the postconviction court entered its order in November 2013, the rule had not yet been amended to extend the filing limit for defendants whose sentences became final before July 1, 2013. See In re Amendments to the Florida Rules of Criminal Procedure and Florida Rules of Appellate Procedure, 132 So.3d 734 (Fla.2013); see also Calderon v. State, 138 So.3d 589 (Fla. 2d DCA 2014).
Reversed and remanded.
NORTHCUTT, KHOUZAM, and BLACK, JJ., Concur.