Clark v. State

*482Rashawn Clark appeals an order summarily denying as untimely a Rule 3.850 motion for postconviction relief. The record does not conclusively refute his claim that the newly discovered fact exception applies. Fla. R. Crim. P. 3.850(b)(1). We reverse and remand for an evidentiary hearing or attachment of portions of the record conclusively showing appellant is not entitled to relief.

In April 2009, Clark entered a plea to armed robbery. The offer he accepted provided for a 20-year cap on the prison sentence. The court sentenced him to 20 years in prison followed by 10 years of probation. This…