Banks v. State

On December 17, 1985, appellant filed a motion to enlarge time for filing a motion for post conviction relief, based on the-then published January 1, 1986 deadline affecting persons whose sentence and judgment had become final prior to January 1, 1985, as provided in the Florida Rules of Criminal Procedure (1985 ed.). The circuit court denied the motion on January 23, 1986, apparently unaware that the Florida Supreme Court had, on December 19, 1985, extended the filing deadline to January 1, 1987 for prisoners whose judgments and sentences had become final before January 1, 1985. In re Rule…