Ortiz v. State

Jose Ortiz appeals an order denying his rule 3.850 motion as untimely filed. We agree that the motion was timely filed and reverse and remand for the trial court to consider the motion on the merits.

On direct appeal, this court issued an opinion affirming appellant’s convictions. Ortiz v. State, 869 So.2d 1278 (Fla. 4th DCA 2004). Thereafter, appellant timely sought discretionary review in the Florida Supreme Court. The supreme court stayed the proceedings pending review of a certified question in McLean v. State, 854 So.2d 796 (Fla. 2d DCA 2003). After deciding McLean v. State, 934 So.2d…