Skip to main content

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 CourtListener

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

8 cases in this archive are cited by this case.

Other cases with this name

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.