Ruggirello v. State

Full title: PETER LOUIS RUGGIRELLO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 19, 1990

566 So. 2d 30 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-0171.

August 15, 1990. Rehearing and Rehearing En Banc Denied September 19, 1990.

Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Robert W. Tyson, Jr., Judge.

Peter Louis Ruggirello, Raiford, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lynn Waxman, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

DELL and POLEN, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

The trial court denied appellant's petition because it was untimely filed. The appellant's pleadings were placed in the hands of state prison authorities well in advance of the required filing date but were not date-stamped into the clerk's office until after the filing deadline. I would follow the rule of the federal courts and allow the date of delivery to prison officials to control. See Fallen v. United States, 378 U.S. 139, 84 S.Ct. 1689, 12 L.Ed.2d 760 (1964); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).