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Bell v. State, Case No. 1D08-1807 (Fla. App. 10/15/2008) (Fla. App., 2008)

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JAMES LEE BELL, Appellant, v. STATE OF FLORIDA, Appellee.Case No. 1D08-1807. District Court of Appeal of Florida, First District. Opinion filed October 15, 2008. An appeal from the Circuit Court for Taylor County, James Roy Bean, Judge. James Lee Bell, pro se, Appellant. Bill McCollum, Attorney General and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant seeks review of the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The postconviction court denied the appellant’s motion as untimely. However, when a defendant is resentenced pursuant to a postconviction motion, a subsequent postconviction motion concerning the resentencing is timely if filed within two years of taking an appeal from the resentencing...continue to full post

Full post as published by Florida Criminal Law Opinions on October 15, 2008 (boomark / email).