District Court of Appeal of Florida

Upon motion for rehearing, denial of a motion for postconviction relief is reversed where the trial court erred in sentencing him in absentia since his absence from the sentencing hearing was because of incarceration in another state and therefore involuntary, and his motion for postconviction relief was not untimely since it was filed within two years of his return to Florida.

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

• PER CURIAM., Before COPE, C.J., GERSTEN and RAMIREZ, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Rudolph Orange, in proper person.


• For Appellees:
  
• Bill McCullom, Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.