Pearson v. State

We reverse the trial court’s denial of the defendant’s petition filed pursuant to Florida Rule of Criminal Procedure 3.850. The defendant was sentenced pursuant to a plea on August 9, 2011. On August 8, 2013, he placed his Rule 3.850 petition into hands of the prison mailroom official. The petition was clearly date stamped: “Provided to Martin Correctional Institution on 8/8/13 for mailing” and initialed by the mailroom official. The prison mailroom log shows the petition was placed in outgoing mail to the Clerk of Court on August 9, 2013, exactly two years from the date of conviction and…