Ayres v. State

W. SHARP, Judge.

Ayres appeals from a denial of his motion for post-conviction relief filed pursuant to Florida Rules of Criminal Procedure 3.850. The trial court denied the motion because it was found to be untimely; that is, filed more than two years after his judgment and sentence became final. Fla. R.Crim. P. 3.850(b). We reverse.

In this case, Ayres was charged with exploitation of the elderly, a violation of section 415.111(5), Florida Statutes. On January 17, 1992, he pled no contest to the charge. Adjudication of guilt was withheld, restitution was ordered, and Ayres was placed on five…