Silver v. State

The appellant challenges the trial court’s summary denial of his rule 3.850 motion as untimely. We reverse.

The appellant pled guilty to burglary of a dwelling and was sentenced as a habitual felony offender to 12 years’ imprisonment. He filed a direct appeal but subsequently filed a motion to voluntarily dismiss it. On August 29, 2002, this Court rendered an order dismissing the case.

On August 5, 2004, the appellant filed a rule 3.850 motion raising six claims. The trial court denied the motion as untimely based upon the fact that the appellant voluntarily dismissed his direct appeal, which…