Hatten v. State

Joseph F. Hatten (defendant) appeals the final order entered by the trial court summarily denying his post-conviction motion. Determining that the trial court erred in concluding that the motion was untimely filed, we reverse and remand for consideration as a timely-filed rule 3.850 motion.

Florida Rule of Criminal Procedure 3.850(b) requires a motion under that rule to be filed within two years from the date the defendant’s judgment and sentence become final.

On November 7, 2011, the defendant entered a no contest plea to sex charges in two circuit court cases. Since he did not file a direct…