Doty v. State
Doty v. State
Opinion of the Court
Appellant, Wayne Doty, challenges the trial court’s order summarily denying his petition to file a belated motion pursuant to Florida Rule of Criminal Procedure 3.850. In his petition, appellant alleged that he placed a timely 3.850 motion in the
We reverse the order of the trial court and remand for an evidentiary hearing so that appellant may have the opportunity to prove that his 3.850 motion was timely placed in the custody of prison officials. See Jones v. State, 785 So.2d 561 (Fla. 2d DCA 2001).
Reversed and remanded for further proceedings.
Reference
- Full Case Name
- Wayne C. DOTY v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published