KERVIN MORENO MUJICA, SR.
v.
STATE OF FLORIDA
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.
A motion for postconviction relief filed before a direct appeal is final is prematurely filed and must be dismissed, but may be refiled after the direct appeal becomes final.
[1] Postconviction relief motions under Florida Rule of Criminal Procedure 3.850 filed before a direct appeal is final must be dismissed as premature, but the filing may be r…
[2] The two-year period for filing a motion under Florida Rule of Criminal Procedure 3.850 begins to run upon the issuance of the mandate from a direct appeal, not from the d…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A prematurely filed motion for postconviction relief should be dismissed by a trial court and may be refiled after the direct appeal is final.”
Court citing Bunkley v. State, 800 So. 2d 663, 664 (Fla. 2d DCA 2001)
Kervin Moreno Mujica, Sr., filed a Motion for Ineffective Assistance of Counsel and a Petition under Florida Rule of Criminal Procedure 3.850 while hi…
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 Collateral Review cases and more on FLexlaw
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County; Mary M. Handsel, Judge. Kervin Moreno Mujica, Sr., pro se.
KHOUZAM, Judge.
The order on appeal is affirmed without prejudice to Mr. Mujica's right to refile the "Motion Ineffective Assistance of Counsel" and "Petition Introduction 3.850/2254" and to file the "Petition Collateral Review" in the trial court after his direct appeal is final. See Bunkley v. State, 800 So. 2d 663, 664 (Fla. 2d DCA 2001) ("A prematurely filed motion for postconviction relief should be dismissed by a trial court and may be refiled after the direct appeal is final."); see also Beaty v. State, 701 So. 2d 856, 857 (Fla. 1997) (holding the two-year period for filing a motion under Florida Rule of Criminal Procedure 3.850 begins to run upon the
2
issuance of the mandate from a direct appeal). This opinion shall not be construed as commenting on the merits of these filings. Affirmed.
KELLY and BLACK, JJ., Concur.
Opinion subject to revision prior to official publication.