Hickox v. State

Bert N. Hickox has appealed from an order of the trial court denying as untimely his motion for post-conviction relief, filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We reverse, and remand for further proceedings on the merits of Hickox’s motion.

In 1985, Hickox was convicted of sexual battery on a child under 12, and sentenced to life in prison. His conviction was affirmed. Hickox v. State, 492 So.2d 744 (Fla. 1st DCA1986) (Hickox I). In January 1987, through private counsel (Mahon), Hickox filed a 3.850 motion alleging only that he had been denied the right to testify at…