Melton v. State

This is an appeal of an order denying appellant’s motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The appellant is correct that the trial court erred insofar as the court denied his motion on the ground of time bar. That is so because in earlier proceedings in this court, the State conceded that the appellant had filed a Rule 3.850 motion on November 21, 2005, which was duly docketed but then lost prior to obtaining a ruling. This court granted the appellant leave to refile the motion. Therefore the refilled motion related back to the original filing date of…