Davis v. State

Thomas Davis appeals the order denying his belated motion to withdraw plea, which the postconviction court denied as untimely without prejudice to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Because the circuit court erred in not resolving the belated motion on the merits as if filed under rule 3.850, we reverse.

Davis’s motion was styled as a motion to withdraw plea under rule 3.170(Z), and while the postconviction court correctly determined that the motion was untimely under that rule because it was not filed within thirty days of the rendition of…