Estime v. State

The order summarily denying the motion for post-conviction relief as untimely is reversed. In Estime v. State, 885 So.2d 1008 (Fla. 4th DCA 2004), this court affirmed without prejudice to appellant refiling his motion with sworn allegations establishing exceptions to the time limitation of the rule. Fla. R.Crim. P. 3.850(b).

The instant motion contained sworn allegations that, taken as true, would establish two grounds for permitting the belated filing of a post-conviction motion. Appellant is entitled to an evidentiary hearing on his claims. See Steele v. Kehoe, 747 So.2d 931, 934 (Fla.1999).

A…