WALTON v. STATE (2021)

District Court of Appeal of Florida, Fourth District.

William Perry WALTON, Jr., Appellant, v. STATE of Florida, Appellee.

No. 4D21-139

Decided: June 23, 2021

William Perry Walton, Jr., Jasper, pro se. No appearance required for appellee.

We affirm the order denying appellant's motion for postconviction relief because it was legally insufficient. We do note that the court erred in determining that it was untimely, as appellant had two years from the date of the circuit court's mandate on appellant's appeal in which to file his motion for relief. See Huff v. State, 569 So. 2d 1247, 1250–51 (Fla. 1990); Ghent v. State, 27 So. 3d 121, 123 (Fla. 4th DCA 2010).

Affirmed.

Per Curiam.

Warner, Gerber and Kuntz, JJ., concur.

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