Armstrong v. State

Robert Armstrong filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 on February 29, 2012. The postconviction court dismissed the motion as untimely, erroneously relying on the February 24, 2010, date of a memorandum of sentencing for the filing date of Armstrong’s judgment and sentence and concluding that Armstrong’s motion should have been filed by February 23, 2012. In addition to relying upon the wrong document for determining the date on which Armstrong’s rule 3.850 filing time began to run, the postconviction court overlooked the rule that the time…