Martinez v. State
Martinez v. State
Opinion of the Court
Daniel Martinez appeals the order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. We reverse.
Martinez’s conviction and life sentence became final when this Court issued the mandate of his appeal on June 22, 2012. See Martinez v. State, 90 So.3d 302 (Fla. 5th DCA 2012). On July 24, 2014, Martinez filed a rule 3.850 postconviction motion, which the trial court summarily denied as untimely. Martinez then moved for rehearing, asserting that on May 16, 2014, he filed a motion for an extension of time that alleged (1) the attorney he hired to prepare and file his rule 3.850 motion passed away before completing the work; (2) his attorney was in possession of all of his records that he needed to prepare a pro se rule 3.850 motion; and (3) he and his family were attempting to recover the records from the deceased attorney. Martinez attached a copy of his motion for extension of time, which bears a prison stamp indicating a May 16, 2014, mailing date. The trial court never ruled on Martinez’s motion for rehearing or his earlier motion for extension of time. Therefore, Martinez’s motion for rehearing was deemed denied. See Fla. R.Crim. P. 3.850(j).
The time period for filing a timely rule 3.850 motion was due to expire on Monday, June 23, 2014. The date reflected on the prison stamp of a pro se
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.