Denizard v. State

VILLANTI, Judge.

Roberto Denizard appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850, which the postconviction court found was untimely. Because the motion was, in fact, timely filed, we reverse and remand for the postconviction court to consider the motion on its merits.

In 2008, Denizard entered open guilty pleas in six cases with multiple counts, and he was sentenced to a total of forty years’ imprisonment. After a grant of belated appeal of his judgments and sentences, this court affirmed the convictions in all cases,…