Hampton v. State

SHARP, W., J.

Hampton appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 for post-conviction relief. He asserts a claim of ineffective assistance of counsel. The trial court denied his motion on the sole ground that it was untimely because it was not filed within the two year time limit established by the rule. We reverse.

On July 24, 2000, Hampton pled guilty, was sentenced on various charges, and a judgment was rendered. He took no appeal. On August 19, 2002, he filed this rule 3.850 motion.

With regard to time limits, the rule provides:

A…