LARON A. MINGO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the motion was timely filed, reversing the trial court's denial.
Mingo filed a motion challenging his pleas, which the trial court denied as untimely. The trial court based its decision on the date judgments were re…
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SALCINES, Judge.
Laron Mingo challenges the order of the trial court denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850.1 The trial court denied the motion as untimely filed. We reverse the trial court’s order and remand with instructions to the trial court to address the claims raised in the motion.
On January 25, 2001, Mingo filed his 3.850 motion challenging the voluntariness of his pleas in four cases. The trial court noted that the written judgments and sentences in those cases were rendered on January 19, 1999, and found the motion to be untimely filed. Rule 3.850(b) states that no “motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final in a noncapital case.” If there is no appeal, a “judgment and sentence do not become ‘final’ for purposes of the rule until the thirty-day period for filing an appeal expires.” Ramos v. State, 658 So. 2d 169, 170 (Fla. 3d DCA 1995). In the present case, Mingo’s judgments and sentences did not become final until February 19, 1999. Thus Mingo’s 3.850 motion was timely filed on January 25, 2001.
Reversed and remanded with instructions.
PARKER, A.C.J., and CASANUEVA, J., Concur. . Mingo filed his pleading as a petition for writ of error coram nobis. The trial court properly treated it as a motion filed pursuant to Florida Rule of Criminal Procedure 3.850.
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Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)…nstead, the viability of the defense is relevant to the credibility of the assertion that the defendant would have insisted on going to trial if informed of that defense. See, e.g., Cordes v. State, 842 So. 2d 874 (Fla. 2d DCA 2003); Hobbs v. State, 790 So. 2d 1164, 1166 (Fla. 4th DCA 2001); Mason v. State, 742 So. 2d 370 (Fla. 1st DCA 1999). Several other jurisdictions, including the overwhelming majority of federal circuit courts, also have adopted this approach.1 [*1180] Two districts, however, have interpr…
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Brigham v. State, 950 So. 2d 1274 (Fla. 2d DCA 2007)…ecause the judgment and sentence in that case are not final; consequently, Brigham’s motion is premature. Case CRC01-01161CFANO-M The judgment and sentence Brigham sought to vacate in this case became final on November 4, 2002. See Mingo v. State, 790 So. 2d 1164 (Fla. 2d DCA 2001) (stating that a judgment and sentence becomes final for purposes of the two-year period for filing a motion for postconviction relief when the thirty-day period for filing an appeal expires). Brigham, through counsel, timely moved…
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Meyer v. State, 997 So. 2d 1262 (Fla. 5th DCA 2009)…ecome final within which to file a motion for post-conviction relief. If there is no appeal, the judgment and sentence do not become final for purposes of this rule until the thirty-day period for filing an appeal expires. See, e.g., Mingo v. State, 790 So. 2d 1164 (Fla. 2d DCA 2001); Black v. State, 750 So. 2d 162 (Fla. 3d DCA 2000); Ramos v. State, 658 So. 2d 169 (Fla. 3d DCA 1995). Thus, Meyer’s motion was timely filed because his conviction and sentence did not become final until April 7, 2006. REVERSED a…
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- Ramos v. State, 658 So. 2d 169 (Fla. 3d DCA 1995)