Bailey v. State

Jerome Bailey appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Upon the state’s concession we reverse the trial court’s denial and remand for the trial court to consider Bailey’s motion.

It appears that while Bailey’s appeal of his judgment and sentence was pending, he filed his first pro se motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. On April 9, 1997, Bailey’s motion was denied. Bailey did not appeal the trial court’s order.

Instead, on September 2, 1999, Bailey…