Jefferson v. State

FLETCHER, Judge.

James Jefferson appeals from the denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.853. We reverse.

The trial court dismissed Jefferson’s rule 3.853 petition as untimely filed, relying on the state’s response that such motions must be filed within two years of the date of conviction or affirmance of conviction on appeal. As Jefferson’s conviction was affirmed on March 10, 1999, the state argued that his time for filing a 3.853 *583motion expired on March 10, 2001. The state is incorrect.

On May 20, 2004, legislation was enacted to…