Rector v. State

GUNTHER, Chief Judge.

Appellant, Martin Wayne Rector, defendant below (Defendant), appeals a summary denial of his rule 3.850 motion without an evidentiary hearing and an order denying Defendant’s motion for rehearing. We reverse because the trial court erred in finding that Defendant’s rule 3.850 motion was untimely filed and an evidentiary hearing should have been held on Defendant’s allegations of ineffective assistance of counsel.

A judgment and sentence becomes final and the two year time limit of Rule 3.850(b) commences when the Florida Supreme Court disposes of a petition for review of…