Thompson v. State

NORTHCUTT, Judge.

Matthew Thompson appeals the postcon-viction court’s dismissal of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. We reverse.

The postconviction court’s order rendered on February 6, 2013, granted Mr. Thompson a forty-five-day extension of time to file his rule 3.850 motion. See Fla. R.Crim. P. 3.050. The forty-fifth day following this order was Saturday, March 23, 2013, so Mr. Thompson had until Monday, March 25, 2013, to file his rule 3.850 motion. See Fla. R.Crim. P. 3.040; Fla. R. Jud. Admin. 2.514(a)(1)(C). Although Mr. Thompson’s motion…