United States District Court, M.D. Florida, Orlando Division
GREGORY A. PRESNELL, UNITED STATES DISTRICT JUDGE
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).
asserts eight grounds for relief. For the following reasons,
the Petition is denied as untimely.
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.)
April 23, 2013, Petitioner filed a motion for reduction of
sentence pursuant to Rule 3.800(c) of the Florida Rules of
Criminal Procedure. (Doc. 9-4 at 190.) The state court denied
the motion on April 26, 2013. (Id. at 194.)
Petitioner did not appeal.
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.)
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.
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
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.
filed the Petition on January 19, 2017. (Doc. 1).
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