SCOTT v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Stacy Antonio SCOTT, Jr., Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-2706

Decided: February 25, 2022

Stacy Antonio Scott, Jr., Crawfordville, pro se. No Appearance for Appellee.

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.

PER CURIAM.

EVANDER, EDWARDS and HARRIS, JJ., concur.

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