Ramos v. State

MORRIS, Judge.

Jesus Eduardo Ramos appeals the order dismissing as untimely his motion to withdraw plea filed pursuant to Florida Rule of Criminal Procedure 3.850. We conclude that the postconviction court erred by dismissing the motion because Ramos’s second postconviction counsel, Samuel Blanco, admitted that due to an illness and lack of office staff, Blanco failed to file the motion before the expiration of the deadline set forth in State v. Green, 944 So.2d 208, 218 (Fla.2006). We therefore reverse and remand.

I. Background

In 1992, Ramos pleaded no contest to charges of possession of a…