Ham v. State

KHOUZAM, Judge.

Jennard C. Ham appeals a final order dismissing as untimely his motion for post-conviction relief filed under Florida Rule of Criminal Procedure 3.850. Because we conclude that the motion was neither untimely nor successive, we reverse and remand for the postconviction court to address the motion on the merits.

Ham originally filed in the circuit court a petition for permission to file a second rule 3.850 motion. The court denied the petition and informed Ham that he had thirty days to appeal the order. Ham filed an appeal, and this court dismissed the appeal as from a nonfinal…