Martinez v. State

Daniel Martinez appeals the order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. We reverse.

Martinez’s conviction and life sentence became final when this Court issued the mandate of his appeal on June 22, 2012. See Martinez v. State, 90 So.3d 302 (Fla. 5th DCA 2012). On July 24, 2014, Martinez filed a rule 3.850 postconviction motion, which the trial court summarily denied as untimely. Martinez then moved for rehearing, asserting that on May 16, 2014, he filed a motion for an extension of time that alleged (1) the attorney he hired to prepare and…