Robin Ray MARCHETTI, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· July 25, 2014 · Docket No. 2D14-62
143 So. 3d 1077
Syllabus
Robin Ray MARCHETTI, Appellant, v. STATE of Florida, Appellee. No. 2D14-62. District Court of Appeal of Florida, Second District. July 25, 2014.
Full Opinion (789 characters)
PER CURIAM. The order striking Robin Ray Marchet-ti’s motion for jail credit as untimely is reversed, as the motion was timely filed. See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”). Therefore, we remand for reconsideration of the motion. Reversed and remanded. NORTHCUTT, KHOUZAM, and BLACK, JJ., Concur. . When the postconviction court entered its order in November 2013, the rule had not yet been amended to extend the filing limit for defendants whose sentences became final before July 1, 2013. See In re Amendments to the Florida Rules of Criminal Procedure and Florida Rules of Appellate Procedure, 132 So.3d 734 (Fla.2013); see also Calderon v. State, 138 So.3d 589 (Fla. 2d DCA 2014).
Source: Caselaw Access Project (Harvard Law School). This page is informational and is not legal advice.