Gregg v. State

ALLEN, Judge.

The appellant challenges the order by which the trial court denied his Florida Rule of Criminal Procedure 3.850 motion. The motion set forth a colorable claim for relief under Jackson v. State, 659 So.2d 1060 (Fla. 1995), but it was denied as untimely under the two-year time limitation of the rule. Because we hold that Jackson should be given retroactive application, and because the appellant’s motion was filed within two years following the decision in Jackson, we reverse the order to the extent that it reflects a denial of the claim due to untimeliness under the rule.

The…