Aquino v. State

Appellant, Juan Aquino, appeals an order summarily denying his amended post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Concluding that the trial court erred in ruling that the amended motion was untimely and successive, we reverse the order and remand. See Haag v. State, 591 So.2d 614, 617 (Fla.1992) (adopting the mailbox rule, which provides that a motion is considered filed when a pro se inmate presents it to the correctional institution for mailing); Nunez-Medina v. State, 817 So.2d 937, 939 (Fla. 1st DCA 2002) (“The restriction against successive motions…