Enrique Jesus Someillan v. State of Florida

Summary

The Third District Court of Appeal of Florida affirmed the summary denial of Enrique Jesus Someillan's postconviction motion alleging ineffective assistance of trial counsel. The court held that the motion was untimely under Florida Rule of Criminal Procedure 3.850(b), and noted prejudice to the State from the passage of time, including the death of trial counsel, destruction of the investigative file, and unavailability of witnesses.

Holdings

1. A postconviction motion filed more than two years after the judgment and sentence became final is untimely unless the movant alleges and establishes one of the limited exceptions enumerated in Florida Rule of Criminal Procedure 3.850(b)(1)-(3). Because Someillan failed to allege an applicable exception, the motion was barred.
2. The postconviction claim was also barred by prejudice resulting from the delay and by Someillan's receipt of the benefits of his negotiated plea bargain.

Questions Presented

1. Whether Someillan's untimely postconviction motion alleging ineffective assistance of trial counsel qualified for an exception to Florida's two-year time limitation.
2. Whether the passage of time, resulting prejudice, and Someillan's receipt of the benefits of his negotiated plea barred postconviction relief under laches and estoppel principles.

Disposition

affirmed