District Court of Appeal of Florida· 4/26/2001
Gafford v. State
Citations
- 783 So. 2d 1191
- 2001 WL 420996
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that after the adoption of Florida Rule of Criminal Procedure 3.170( l
- holding that, where defendant failed to file a timely rule 3.170( l ) motion to challenge a sentence that exceeded the terms of the plea agreement, the defendant was limited to filing a rule 3.850 motion
- holding that the thirty-day time limit under rule 3.170(l) is jurisdictional
- holding the thirty day time limit under 3.170(Z) is jurisdictional
- observing that the “[f]ailure to file a motion to withdraw the plea [pursuant to rule 3.170(l) within 30 days waives the issue for appellate review, and the defendant is limited to filing a motion pursuant to Florida rule of Criminal Procedure 3.850.”
- noting that the time limit under rule 3.170(0 is jurisdictional). We also agree with the postconviction court’s finding that because the motion lacked the proper oath it could not be considered under Florida Rule of Criminal Procedure 3.850. See Fla. R.Crim. P. 3.850(c
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerCited by
26 cases in this archive cite this case; the 20 most cited are listed.
- Griffin v. StateSupreme Court of Florida· 2013-05-16· cited 22×
- Barber v. StateDistrict Court of Appeal of Florida· 2005-05-06· cited 13×
- Bermudez v. StateDistrict Court of Appeal of Florida· 2005-05-11· cited 13×
- Williams v. StateDistrict Court of Appeal of Florida· 2002-08-02· cited 8×
- Dooley v. StateDistrict Court of Appeal of Florida· 2001-06-18· cited 8×
- Golden v. StateDistrict Court of Appeal of Florida· 2012-03-26· cited 8×
- McKnight v. StateDistrict Court of Appeal of Florida· 2007-09-19· cited 6×
- Williams v. StateDistrict Court of Appeal of Florida· 2004-05-28· cited 5×
- Dayton v. StateDistrict Court of Appeal of Florida· 2004-03-19· cited 5×
- Smith v. StateDistrict Court of Appeal of Florida· 2013-05-17· cited 3×
- James v. StateDistrict Court of Appeal of Florida· 2009-07-29· cited 2×
- Young v. StateDistrict Court of Appeal of Florida· 2005-09-13· cited 2×
- Anderson v. StateDistrict Court of Appeal of Florida· 2013-06-28· cited 2×
- Humphrey v. StateDistrict Court of Appeal of Florida· 2005-08-05· cited 1×
- Curtis v. StateDistrict Court of Appeal of Florida· 2013-02-01· cited 1×
- Coogle v. StateDistrict Court of Appeal of Florida· 2002-03-13· cited 1×
- Isiah Johnson v. State of FloridaDistrict Court of Appeal of Florida· 2020-09-21
- FREDERICK L. COLE, III v. THE STATE OF FLORIDADistrict Court of Appeal of Florida· 2021-08-04
- Garcia v. StateDistrict Court of Appeal of Florida· 2013-10-04
- Franklin v. StateDistrict Court of Appeal of Florida· 2015-08-07
Cites
8 cases in this archive are cited by this case.
- North Carolina v. PearceSupreme Court· 1969-06-23· cited 7,763×
- Knapp v. StateDistrict Court of Appeal of Florida· 1999-08-20· cited 8×
- Weidner v. StateDistrict Court of Appeal of Florida· 2000-09-13· cited 8×
- Green v. StateDistrict Court of Appeal of Florida· 1997-07-29· cited 8×
- Hussey v. StateDistrict Court of Appeal of Florida· 1999-07-07· cited 7×
- Hall v. StateDistrict Court of Appeal of Florida· 2000-08-16· cited 6×
- Meriweather v. StateDistrict Court of Appeal of Florida· 2001-02-07· cited 4×
- Bowling v. StateDistrict Court of Appeal of Florida· 1997-02-14· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.