Osborne v. State

958 So.2d 1017 (2007)

Russell J. OSBORNE, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. 5D06-4224.

District Court of Appeal of Florida, Fifth District.

June 1, 2007.

Russell J. Osborne, Jr., Bristol, pro se.

No Appearance for Appellee.

PALMER, J.

Russell J. Osborne, Jr. (defendant) appeals the order entered by the trial court summarily denying his rule 3.850 motion for postconviction relief.[1] Determining that the trial court erred in concluding that the defendant's motion was untimely filed, we reverse.

In 1994, the defendant pled nolo contendere to committing four counts of lewd and lascivious…