Schofield v. State

The trial court denied appellant’s motion for post-conviction relief, finding the motion was not filed within the time limitations prescribed by rule 3.850, of the Florida Rules of Criminal Procedure, and the motion failed to allege either of the exceptions to the limitations period. We reverse, based upon an earlier decision of this court which expressly provided that the court’s prior affirmance of the denial of post-conviction relief was “without prejudice to Schofield to resubmit his motion to the trial court.” See Schofield v. State, 641 So.2d 172 (Fla. 1st DCA 1994) (Schofield, I).

In…