Johnson v. State

Defendant-appellant Johnson appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. This particular motion was filed by counsel but was filed two days late.1 The trial court denied the motion as untimely and successive.

Defendant-appellant Johnson may have a basis to refile the motion under Florida Rule of Criminal Procedure 3.850(b)(3) which excuses the time bar where “the defendant retained counsel to timely file a 3.850 motion and counsel, through neglect, failed to file the motion.” As the motion was untimely filed, this portion of the…