Thomas v. State

FLETCHER, Judge.

Roger Thomas appeals the trial court’s denial of his motion for post-conviction relief. We conclude that the trial court erred when it found Thomas’ motion to be untimely filed and declined to consider it on the merits.

Florida Rule of Criminal Procedure 3.850(b) states that no post-conviction relief “motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final in a noncapital case.” The record indicates that Thomas appealed his final judgment of conviction and sentence, and that this court affirmed on…