IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA
October 25, 2017
ISAAC SUTTON, JR., )
)
Appellant, )
)
v. ) Case No. 2D16-3856
)
STATE OF FLORIDA, )
)
Appellee. )
)
This court clarifies that this appeal reviews an August 2, 2016, order
dismissing as untimely the appellant's motion for postconviction relief docketed in circuit
court case number 01-CF-1334 on May 9, 2016. The appellant's motion to supplement
the record on appeal is denied, and the appellant's motion for rehearing and certification
is denied. The appellant's motion for written opinion is granted, and the per curiam
affirmance issued on April 19, 2017, is withdrawn with the following opinion substituted
therefor. No further motions for rehearing will be considered.
I HEREBY CERTIFY THE FOREGOING IS A
TRUE COPY OF THE ORIGINAL COURT ORDER.
MARY ELIZABETH KUENZEL, CLERK
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
ISAAC SUTTON, JR., )
)
Appellant, )
)
v. ) Case No. 2D16-3856
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed October 25, 2017.
Appeal from the Circuit Court for Lee
County; Joseph C. Fuller, Jr., and
Ramiro Mañalich, Judges.
Isaac Sutton, Jr., pro se.
PER CURIAM.
Isaac Sutton, Jr., appeals the dismissal of his motion for postconviction
relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In May 2016, Sutton
filed his rule 3.850 motion in circuit court case number 01-CF-1334, challenging a
conviction that was later used to habitualize him when he was convicted of new
offenses in 2009. The postconviction court dismissed Sutton's rule 3.850 motion as
untimely, finding that his conviction in 01-CF-1334 became final in 2008 when a
mandate was issued in his direct appeal and that he had until April 24, 2010, to file a
timely rule 3.850 motion.
We affirm the postconviction court's dismissal; however, we clarify the
dates that render his motion untimely. The dates relied on by the postconviction court
relate to one of Sutton's other postconviction appeals (2D07-5888), rather than the
direct appeal from his judgment and sentence in 01-CF-1334. Sutton's judgment and
sentence in 01-CF-1334 was affirmed in 2003 in 2D03-160, and the mandate issued on
February 2, 2004. Therefore, he had until February 2006 to file a timely rule 3.850
motion relating to his conviction in that case. See Fla. R. Crim. P. 3.850(b). Based on
the allegations in his rule 3.850 motion, none of the exceptions to the two-year time limit
apply.
Affirmed.
MORRIS, BLACK, and SALARIO, JJ., Concur.
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