Doty v. State

GREEN, Judge.

Appellant, Wayne Doty, challenges the trial court’s order summarily denying his petition to file a belated motion pursuant to Florida Rule of Criminal Procedure 3.850. In his petition, appellant alleged that he placed a timely 3.850 motion in the *1249custody of the prison guards with the belief it would be forwarded to the clerk’s office. After inquiring about the status of his motion, the clerk’s office informed appellant that the motion was never received. Appellant attached to his petition various documents and affidavits that support his claim.

We reverse the order of the trial…