Davis v. Singletary

Terence R. Davis petitions for writ of ha-beas corpus for belated appeal from the order, dated May 5, 1997, denying his rule 3.850 motion for postconviction relief. We reject his contention that, as an unknow-ledgeable layman, he did not “know” he had thirty days in which to appeal, as the order contained the language so advising him which is required by rule 3.850(g). However, we grant the petition because we find “exceptional circumstances that have rendered the ordinary appellate process unavailable.” Offen v. State, 662 So.2d 742, 742 (Fla. 4th DCA 1995).

Petitioner alleged under oath that…