ANDERSON LORMEUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Fourth District affirmed the denial of a Rule 3.850 motion as untimely filed nearly three years after sentencing without alleging any statutory exceptions to the two-year filing deadline.
A Rule 3.850 motion filed nearly three years after judgment and sentence became final is untimely and must be denied without reaching the merits when no exceptions to the two-year deadline are alleged.
[1] A Rule 3.850 motion filed outside the two-year deadline prescribed by Florida Rule of Criminal Procedure 3.850(b) must be denied as untimely when the movant fails to alle…
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Join FLexlaw to unlock all legal intelligenceAppellant pleaded no contest to child neglect, was sentenced to ten years (mitigated to 364 days jail plus four years probation if he surrendered time…
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PER CURIAM.
This is an appeal by Anderson Lormeus from an order denying a motion filed under Florida Rule of Criminal Procedure 3.850.
Appellant entered into a plea agreement in which he pleaded no contest to one count of child neglect. At the change of plea hearing, appellant requested three weeks before the sentence was imposed so that he could take care of some personal business. The court granted appellant’s request. On March 20, 2003, appellant was sentenced to ten years in prison which the trial court agreed to mitigate to 364 days in county jail and four years probation if appellant surrendered at the agreed upon time. Appellant did not surrender but absconded to New York. Subsequently, New York authorities detained appellant and he was extradited to Florida on approximately August 29, 2005.
Appellant filed his rule 3.850 motion on January 31, 2006, nearly three years after appellant’s judgment and sentence became final. Appellant did not allege any of the exceptions to the two-year time limit found in Florida Rule of Criminal Procedure 3.850(b). The court below denied the motion on the merits. However, the trial court should have denied the motion as untimely, and we affirm on that basis.
WARNER, POLEN and MAY, JJ., concur.
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Anderson Lormeus v. State, 10 So. 3d 190 (Fla. 4th DCA 2009)…red himself at a time certain three weeks later. The trial court granted appellant’s request to take care of some personal business before sentencing. Instead of returning on the surrender date, appellant absconded to New York. See Lormeus v. State, 957 So. 2d 117 (Fla. 4th DCA 2007). Extradition proceedings returned appellant to Florida and he began to serve his ten-year sentence. Appellant filed no direct appeal. In September 2005, appellant filed a motion to vacate an illegal sentence, apparently under F…
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Duckett v. State, 125 So. 3d 917 (Fla. 4th DCA 2013)…PER CURIAM. Affirmed. See Lormeus v. State, 957 So. 2d 117 (Fla. 4th DCA 2007). STEVENSON, GROSS and GERBER, JJ., concur.…