672 So. 2d 53 | Fla. Dist. Ct. App. | 1996
The trial court denied appellant’s motion for post-conviction relief, finding the motion was not filed within the time limitations prescribed by rule 3.850, of the Florida Rules of Criminal Procedure, and the motion failed to allege either of the exceptions to the limitations period. We reverse, based upon an earlier decision of this court which expressly provided that the court’s prior affirmance of the denial of post-conviction relief was “without prejudice to Schofield to resubmit his motion to the trial court.” See Schofield v. State, 641 So.2d 172 (Fla. 1st DCA 1994) (Schofield, I).
In Schofield I, this court explained that affirmance of the prior order denying post-conviction relief was based upon the following grounds: the motion failed to provide the information required by rule 3.850(c)(2) and (3); and three supplemental documents which contained eleven additional grounds for relief, and set forth facts and law in support of each ground, though signed and notarized, did not contain a proper oath. In the instant motion and incorporated memorandum of law, appellant corrected the deficiencies addressed by this court in Schofield I. Our reversal of this case is not due to any
Accordingly, we reverse the order denying appellant’s motion for post-conviction relief, and remand with directions to consider and to rule upon the merits of the motion.