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Armstrong v. State

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DUANE ARMSTRONG, Appellant, v. STATE OF FLORIDA, Appellee.No. 4D08-1024 District Court of Appeal of Florida, Fourth District. September 17, 2008 Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Eileen M. O’Connor, Judge; L.T. Case No. 99-15891 CF10A. Duane Armstrong, Moore Haven, pro se. Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee. WARNER, J. Appellant Duane Armstrong timely appeals the order dismissing as untimely his refiled rule 3.850 motion for postconviction relief. Because the order dismissing his original motion did not specify a deadline for refiling, we reverse. Armstrong was convicted and sentenced for possession of cocaine with intent to sell or deliver, battery on a law enforcement officer, and resisting without violence...continue to full post

Full post as published by Florida Criminal Law Opinions on September 17, 2008 (boomark / email).