Bailey v. State

John Bailey appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse.

The trial court denied Bailey’s motion finding that it was untimely and not within one of the exceptions to the two-year time limit set out in rule 3.850(b)(1). However, Bailey alleges that through repeated discovery requests he received Brady1 material from the State that was not produced to his trial attorney, and the documents attached to the motion support this contention. This material consists of a field interview report prepared by a sheriffs deputy, several…