MARCELYN MATHIEU
v.
THE STATE OF FLORIDA
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A motion to vacate a sentence under Florida Rule of Criminal Procedure 3.850 must be filed within two years after the judgment and sentence become final, and the two-year period begins to run when appellate proceedings have concluded and the court issues a mandate.
[1] For purposes of Florida Rule of Criminal Procedure 3.850, the two-year period for filing a motion to vacate begins to run when appellate proceedings have concluded and th…
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Join FLexlaw to unlock all legal intelligence“A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final”
Florida Rule of Criminal Procedure 3.850(b), cited for the controlling procedural rule
Marcelyn Mathieu was convicted by jury of second-degree murder with a firearm and accessory after the fact. She appealed the conviction and sentence, …
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PER CURIAM.
Affirmed. See Fla. R. Crim. P. 3.850(b) (“A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time.
No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final . . . .”); Cave v.
State, 289 So. 3d 980, 981 (Fla. 1st DCA 2020) (“For purposes of [Florida
Rule of Criminal Procedure 3.850], the two-year period begins to run when appellate proceedings have concluded and the court issues a mandate
. . . .”); Mathieu v. State, 258 So. 3d 528, 529 (Fla. 3d DCA 2018) (affirming defendant’s conviction by jury and sentence on charges of second-degree murder with a firearm and accessory after the fact); see also Card v. Dugger,
512 So. 2d 829, 830 (Fla. 1987) (“Where an initial motion for post-conviction relief raises the claim of ineffective assistance of counsel, the trial court may summarily deny a successive motion which raises additional grounds for ineffective assistance of counsel.”).
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- Card v. Dugger, 512 So. 2d 829 (Fla. 1987)
- Tonda Ihetu Royal v. State (Fla. 5th DCA 2024)
- Mathieu v. State, 258 So. 3d 528 (Fla. 3d DCA 2018)