Hayes v. State

Appellant challenges the lower court’s order that summarily denied his petition for writ of habeas corpus wherein he sought permission to file a belated motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850(b)(3). The trial court denied the petition based upon the mistaken belief that Appellant was seeking to challengé his original sentence imposed 15 .years earlier. In fact, the belated motion Appellant sought to file relates to the sentence imposed in 1995. Appellant claims that he timely instructed counsel to file the motion in 1996, that counsel assured…