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Rawls v. Secretary, Department of Corrections

United States District Court, M.D. Florida, Orlando Division

February 12, 2018

TERRON RAWLS, Petitioner,
v.
SECRETARY, DEPARTMENT OF CORRECTIONS and ATTORNEY GENERAL, STATE OF FLORIDA, Respondents.

          ORDER

          GREGORY A. PRESNELL, UNITED STATES DISTRICT JUDGE

         This case is before the Court on Petitioner Terron Rawls' Petition for Writ of Habeas Corpus (“Petition, ” Doc. 1) filed pursuant to 28 U.S.C. § 2254. Respondents filed a Response to the Petition (“Response to Petition, ” Doc. 8) in compliance with this Court's instructions. Petitioner filed a Reply to the Response (“Reply, ” Doc. 11).

         Petitioner asserts eight grounds for relief. For the following reasons, the Petition is denied as untimely.

         I. Procedural History

         A jury found Petitioner guilty of burglary of a dwelling (Count One), theft of property of $300 or more but less than $500 (Count Two), possession of burglary tools (Count Three), criminal mischief (Count Four), and resisting an officer without violence (Count Five). (Doc. 9-2 at 110-114.) The state court sentenced Petitioner to life in prison as a prison releasee reoffender for Count One, to concurrent ten-year terms of imprisonment for Counts Two through Four, and to a concurrent 364-day term of imprisonment for Count Five. (Doc. 9-3 at 5-8.) Petitioner appealed, and on March 5, 2013, the Fifth District Court of Appeal of Florida (“Fifth DCA”) affirmed per curiam. (Doc. 9-4 at 186.)

         On April 23, 2013, Petitioner filed a motion for reduction of sentence pursuant to Rule 3.800(c) of the Florida Rules of Criminal Procedure.[1] (Doc. 9-4 at 190.) The state court denied the motion on April 26, 2013. (Id. at 194.) Petitioner did not appeal.

         On March 13, 2014, Petitioner filed a motion for post-conviction relief pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure, which he amended. (Doc. 9-5 at 2-49.) The state court denied the motion after an evidentiary hearing. (Doc. 9-7 at 24-40.) Petitioner appealed, and the Fifth DCA affirmed per curiam. (Doc. 9-8 at 142.) Mandate issued on August 29, 2016. (Doc. 9-9 at 8.)

         While his Rule 3.850 motion was pending, Petitioner file motions to correct an illegal sentence pursuant to Rule 3.800(a) of the Florida Rules of Criminal Procedure on March 31, and July 22, 2014. (Doc. Nos. 9-5 at 53-57; 9-6 at 10-12.) The state court denied the motions and subsequently denied Petitioner's motion for rehearing on August 11, 2016. (Doc. Nos. 9-9 at 132-35; 9-11 at 6.) Petitioner did not appeal.

         On August 29, 2014, Petitioner also filed a state habeas petition while his Rule 3.850 motion was pending. (Doc. 9-9 at 10-29.) The Fifth DCA summarily denied the petition. (Id. at 122.) The Fifth DCA denied Petitioner's motion for rehearing on February 18, 2015. (Id. at 130.)

         On September 14, 2016, Petitioner filed a state petition for writ of habeas corpus in the circuit court. (Doc. 9-11 at 9-15.) On November 8, 2016, the state court dismissed the petition as untimely and successive. (Id. at 18-19.) Petitioner did not appeal.

         Petitioner filed the Petition on January 19, 2017. (Doc. 1).

         II. Analysis

         Pursuant to 28 U.S.C. § 2244:

(d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The ...

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