Christopher Edward Carroll v. State of Florida

Christopher Edward Carroll appeals from an order dismissing his motion filed pursuant to Florida Rule of Criminal Procedure B.801. The trial court denied the motion as untimely. We reverse for further proceedings.

It is improper to deny a postconviction motion as time-barred where the motion is timely on its face. See Martinez v. State, 842 So.2d 900, 901 (Fla. 2d DCA 2003), Further, an order denying a postconviction motion as procedurally barred may be reversed where the record does not reflect that the defendant is not entitled to relief. See Salabarria v. State, 100 So.3d 231, 232 (Fla. 3d…