902 So. 2d 979

Eric BELL, Appellant, v. STATE of Florida, Appellee.

No. 4D05-1325.

District Court of Appeal of Florida, Fourth District.

June 8, 2005.

A. Randall Haas, Fort Lauderdale, for appellant.

*980No appearance required for appellee.

PER CURIAM.

Eric Bell timely appeals the summary denial of his rule 3.850 motion. Bell’s post-conviction motion alleged that his plea was involuntary because counsel misad-vised him that he would be eligible to have his records sealed. His motion was filed more than two years after his conviction and sentence became final, and he does not allege under oath when he became aware that counsel’s advice was erroneous. As a result, there is no way to determine whether his post-conviction motion was, in fact, timely filed.

Accordingly, the circuit court’s order is affirmed without prejudice for Bell to file a legally sufficient motion that states specifically when he became aware of counsel’s misadvice. Fla. R.Crim. P. 3.850(b)(1).

STONE, KLEIN and TAYLOR, JJ., concur.

Bell v. State
902 So. 2d 979

Case Details

Name
Bell v. State
Decision Date
Jun 8, 2005
Citations

902 So. 2d 979

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!