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Harvey v. State, No. 3D09-1127 (Fla. App. 6/10/2009) (Fla. App., 2009)

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Kevin D. Harvey, Appellant, v. The State of Florida, Appellee. No. 3D09-1127 District Court of Appeal of Florida, Third District. Opinion filed June 10, 2009.An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court of Miami-Dade County, Mary Barzee Flores, Judge. Lower Tribunal No. 88-2420 Kevin D. Harvey, in proper person. Bill McCollum, Attorney General, for appellee. Before RAMIREZ, SHEPHERD, and SUAREZ, JJ. SUAREZ, J. Kevin D. Harvey seeks an order granting a petition for mandamus directing the lower court to `reset’ the time for filing a Florida Rule of Criminal Procedure 3.850 petition. We treat his petition as a notice of appeal, and reverse and remand. Harvey was convicted in Florida in 1989, but was immediately turned over to federal authorities to begin serving a twenty-year federal sentence...continue to full post

Full post as published by Florida Criminal Law Opinions on June 10, 2009 (boomark / email).