McCallum v. State

Joseph O. McCallum, appellant, appeals an order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We reverse and remand.

Appellant entered a nolo contendere plea to one count of second degree murder with a firearm and two counts of armed burglary. He was sentenced on December 28, 1990, pursuant to a negotiated plea agreement, to concurrent terms of sixty years in prison, with a three-year mandatory minimum for use of a firearm.1 He *159did not file a direct appeal, so the time for filing a Rule 3.850 motion expired in January, 1993.

Since February 18,…