Gardner v. State

Samuel J. Gardner appeals an order of the trial court summarily denying his motion under Florida Rule of Criminal Procedure 3.850 as untimely. Mr. Gardner’s judgment and sentence became final on August 18, 1988. He alleges in his motion that he learned for the first time on January 4, 1999, that the state had communicated to his lawyer before trial an offer to let him plead to a lesser-included offense and receive a shorter sentence than the one he received after his trial and conviction; that the lawyer who received this offer did not inform him of it; and that he would have accepted the…