CLAY ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the appellant's motion for post-conviction relief was untimely because he learned of his counsel's failure to file within sufficient time to file his own motion.
Appellant sought post-conviction relief, alleging his retained counsel neglected to file the motion. The trial court denied the motion as untimely. Ap…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion For Postconviction Relief cases and more on FLexlaw
We affirm the trial court’s order denying appellant’s Rule 3.850 motion for postcon-viction relief as untimely. Fla. R.Crim. P. 3.850(b).
Although appellant alleges that the Rule 3.850(b)(3) exception to the two-year time limit applies, i.e., that he retained counsel to file the postconviction motion and counsel through neglect failed to do so, by his own allegations appellant learned that retained counsel had not filed a motion within sufficient time to file a motion of his own, nearly a year before the two-year time limit expired. See Steele v. Kehoe, 747 So.2d 931, 934 (Fla.1999) (creating the Rule 3.850(b)(3) exception and recognizing that the attorney’s neglect must be the proximate cause of motion’s untimeliness).1
Appellant does not allege that retained counsel frustrated his ability to timely file a motion. Cf. Flowers v. State, 889 So.2d 123 (Fla. 4th DCA 2004). See also Ward v. Dugger, 508 So.2d 778, 779 (Fla. 1st DCA 1987) (concluding that prisoner “might be entitled to file a belated motion for postconviction relief if the actions of her attorney had frustrated her intention to file such a motion in a timely fashion”).
Affirmed.
POLEN, TAYLOR and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Clay Robinson v. State, 123 So. 3d 578 (Fla. 4th DCA 2019)…procedural reasons. In a separate appeal, this Court affirmed the denial of an earlier Rule 3.850 motion Robinson filed— involving the same four convictions and sentences—while the Rule 3.170(l) motion was pending. Robinson v. State (Robinson II), 44 So. 3d 136, 137 (Fla. 4th DCA 2010). But with Robinson’s Rule 3.170(l) motion still pending, his convictions and sentences did not become final until 2013 when this Court’s mandate issued in Robinson III. This Court therefore lacked jurisdiction to consider…
Authorities Cited
- Steele v. Kehoe, 747 So. 2d 931 (Fla. 1999)
- Ward v. Dugger, 508 So. 2d 778 (Fla. 1st DCA 1987)
- Flowers v. State, 889 So. 2d 123 (Fla. 4th DCA 2004)