Wilson v. State

The defendant appeals the circuit court’s order summarily denying his Florida Rule of Criminal Procedure 3.850 motion as not having been filed within the rule’s two-year time limit. He argues that he was entitled to tolling of the two-year time limit because he was in federal custody in South Carolina and did not have access to Florida legal materials. See Demps v. State, 696 So.2d 1296, 1299 (Fla. 3d DCA 1997) (the two-year time limit by which the defendant had to file his rule 3.850 motion was tolled during the time he was incarcerated in another state and did not have access to Florida…