Cooper v. State

The defendant appeals the circuit court’s orders: (1) dismissing as untimely his amended Florida Rule of Criminal Procedure 3.850 motion; and (2) summarily denying his timely original rule 3.850 motion. We reverse the order dismissing the amended rule 3.850 motion, remand for the circuit court to vacate the order denying the original rule 3.850 motion, and direct the circuit court to rule on the amended rule 3.850 motion.

The defendant filed his original rule 3.850 motion within the two-year limitations period of rule 3.850(b). The defendant filed his amended rule 3.850 motion outside of the…