Higgins v. State

The appellant filed a timely motion for postconviction relief raising two claims. Subsequent to the two-year time limit on filing motions for postconviction relief under Florida Rule of Criminal Procedure 3.850, the appellant moved for and was granted two extensions of time to amend his motion. When the state responded to the amended motion, it claimed that the new claims were untimely. The court denied all of the claims based upon the state’s response. We reverse as to the claims raised in the amended motion.

The court should have considered the claims raised in the amended motion on their…