Carbajal v. StateAnnotate this Case
In this case, the court considered the timeliness of a claim raised under Florida Rule of Criminal Procedure 3.850 that the Office of the Statewide Prosecutor (OSP) lacked jurisdiction to prosecute defendant. Because the court concluded that any lack of jurisdiction by the OSP did not divest the circuit court of jurisdiction, the court declined to address the certified conflict issue. Instead, the court resolved the case on the ground that defendant's challenge to the jurisdiction of the OSP was barred by the time limitations of rule 3.850. Accordingly, the court approved the Second District's affirmance of the trial court's denial of defendant's motion. The court disapproved Luger v. State and Winter v. State. To the extent that an error regarding the jurisdiction of the OSP rendered a conviction void ab initio, the court likewise disapproved Small v. State, Brown v. State, and Zanger v. State.