Boyington v. State

Michael Boyington appeals a final order denying his October 2013 and January 2014 postconviction motions, filed under Florida Rule of Criminal Procedure 3.850, on the ground that they are untimely. For the reasons discussed below, we conclude the motions were incorrectly denied.

In 2008, following a jury trial, Boyington was convicted of attempted second-degree murder and aggravated assault with a firearm. This Court affirmed the convictions and sentences in August 2011. Boyington v. State, 67 So.3d 202 (Fla. 1st DCA 2011) (Table). Boyington asked for and was granted an extension of time to…