STACY ANTONIO SCOTT, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-02-24
No. 21-2706
Florida District Court of Appeal, Fifth District (2022) Positive Treatment


Opinion of the Court

PER CURIAM.

Stacy Antonio Scott, Jr., appeals the summary dismissal of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. The dismissal was based on the trial court’s determination that the motion was untimely. We reverse. Although the motion reached the Orange County Clerk more than two years after Scott’s judgment became final, the prison date stamp affixed to Scott’s motion reflects that the motion was filed within the two-year time limitation set forth in rule 3.850(b). See Hodges v. State, 308 So. 3d 1056, 1057 n.1 (Fla. 5th DCA 2020) (“Because [appellant] filed his motion pro se from the prison reception center, it was considered filed when he placed it in the hands of prison officials for mailing . . . .”).

Accordingly, we reverse and remand for further consideration by the trial court. We take no position on the legal sufficiency of Scott’s claims.

REVERSED and REMANDED.

EVANDER, EDWARDS and HARRIS, JJ., concur. 2


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw