Melendez v. State

In his appeal from the dismissal of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, Melendez argues his motion is timely under the exception in rule 3.850(b)(3), that a motion is deemed timely if filed more than two years after a defendant’s judgment and sentence became final, if the defendant alleges he or she retained counsel to timely file a 3.850 motion and that counsel, through neglect, failed to file the motion.

In 1993, Melendez pled guilty to first degree murder, shooting a deadly missile within a building, and armed robbery. His appeal was voluntarily dismissed…