Motion for Postconviction Relief Based on Newly Discovered Evidence Must Be Raised Within Two Years of Such Discovery
In Zeigler v. State, 654 So. 2d 1162, 1164 (Fla. 1995), the court held that the two-year period for filing a 3.850 motion based on newly discovered evidence begins to run on a defendant's postconviction request for DNA testing when the testing method became available. See 654 So. 2d at 1164;
See also Adams v. State, 543 So. 2d 1244 (Fla. 1989) (holding that motion for postconviction relief based on newly discovered evidence must be raised within two years of such discovery).
The final amended version of Sireci's 3.850 motion was filed in 1997-approximately nine years after DNA testing was recognized in Florida. Thus, this portion of the claim is time-barred.