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Barkett v. State

District Court of Appeal of Florida, Second District
Feb 24, 1999
728 So. 2d 792 (Fla. Dist. Ct. App. 1999)

Summary

In Barkett v. State, 728 So.2d 792 (Fla. 1st DCA 1999), Barkett was convicted of first-degree murder, and the First District affirmed the judgment and sentence. Barkett then filed a petition for a writ of certiorari with the United States Supreme Court, which denied the petition.

Summary of this case from Trice v. State

Opinion

No. 98-3288

Opinion filed February 24, 1999.

An appeal from the Circuit Court for Clay County.

Frederic A. Buttner, Judge.

Appellant, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.


James M. Barkett was convicted of premeditated first degree murder. He appealed and this court affirmed the conviction and sentence in Barkett v. State, 666 So.2d 902 (Fla. 1st DCA 1996). The mandate issued January 23, 1996. Barkett filed a petition for writ of certiorari with the United States Supreme Court, which denied the petition on June 3, 1996. See Barkett v. State, 517 U.S. 1237 (1996). Barkett then filed this rule 3.850 motion, on May 26, 1998. See Haag v. State, 591 So.2d 617 (Fla. 1992). The trial court denied the motion as untimely.

Barkett's rule 3.850 motion is timely. See Beaty v. State, 701 So.2d 856 (Fla. 1997); Huff v. State, 569 So.2d 1247 (Fla. 1990). Accordingly, we reverse the trial court's order denying Barkett's rule 3.850 motion as untimely and remand for consideration of the motion.

REVERSED AND REMANDED.

BARFIELD, C.J., LAWRENCE and BROWNING, JJ. CONCUR.


Summaries of

Barkett v. State

District Court of Appeal of Florida, Second District
Feb 24, 1999
728 So. 2d 792 (Fla. Dist. Ct. App. 1999)

In Barkett v. State, 728 So.2d 792 (Fla. 1st DCA 1999), Barkett was convicted of first-degree murder, and the First District affirmed the judgment and sentence. Barkett then filed a petition for a writ of certiorari with the United States Supreme Court, which denied the petition.

Summary of this case from Trice v. State
Case details for

Barkett v. State

Case Details

Full title:JAMES M. BARKETT, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Feb 24, 1999

Citations

728 So. 2d 792 (Fla. Dist. Ct. App. 1999)

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