Alexander v. Secretary, Department of Corrections

HULL, Circuit Judge:

This Court grants the State’s “Petition for Rehearing or Clarification,” vacates our prior opinion entered on March 3, 2008 and published at 518 F.3d 878, and enters the following opinion in its place.

Howard Alexander, Sr., a Florida prisoner with appointed counsel, appeals the dismissal of his 28 U.S.C. § 2254 petition as barred by the one-year limitations period in 28 U.S.C. § 2244(d)(1). After review and oral argument, we conclude that Alexander’s Florida Rule of Criminal Procedure 3.800(c) motion was a request to reduce a legal sentence based on mercy or leniency and…