Today (May 2) Judge John Galluzzo issued a ruling dismissing the Petition for Determination of Status as a Wrongfully Incarcerated Person filed on behalf of Clemente Javier AGUIRRE-JARQUIN in January.

With this ruling the Court confirmed the State’s argument that AGUIRRE-JARQUIN’s attorneys failed to file their Petition within 90 days after the order vacating the conviction and sentence became final on November 17, 2016. Further by dismissing the petition, the Court had no necessity to rule on the State’s response to the Petition disputing AGUIRRE-JARQUIN’s assertion of innocence

After the ruling State Attorney Phil Archer made the following statement: “Judge Galluzzo had no choice but to follow the existing case law establishing the time limitations for filing this type of Petition.” He added “It’s up to the Florida Legislature to change the existing law if their intent is to extend the filing period.”

Todd Brown

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