CHARLES W. BRAY, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Charles W. Bray, III appeals an order dismissing his 3.850 motion as untimely. We reverse and remand for further proceedings.
Although the record shows that Bray’s motion was received by the clerk of court on March 18, 1997, the record also contains two documents attesting to an earlier timely filing of the motion, i.e., that Bray submitted the original 3.850 motion to prison officials for mailing on December 27, 1994. If Bray’s assertion is correct, his postconviction motion was timely filed in accordance with the mailbox rule articulated in Haag v. State, 591 So. 2d 614 (Fla.1992). The State concedes, correctly so, that an evidentiary hearing is necessary if this court finds that Bray’s allegation of timely submission is sufficient.
Because there is a factual issue presented, we reverse and remand with directions to the trial court to conduct an evidentiary hearing to determine whether Bray timely filed the motion.
REVERSED and REMANDED, with directions.
ALLEN, WEBSTER and DAVIS, JJ., concur.
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Jones v. State, 785 So. 2d 561 (Fla. 2d DCA 2001)…le. Jones’ allegation that he timely filed the motion under Haag v. State, 591 So. 2d 614 (Fla. 1992), when he had it notarized by a Department of Corrections employee, is a facially sufficient claim requiring an evi-dentiary hearing. Bray v. State, 702 So. 2d 302 (Fla. 1st DCA 1997). Accordingly, on remand the trial court should hold an evidentiary hearing where Jones will be allowed to prove he timely created the postconviction document and entrusted it to the hands of prison officials. Bray v. State, 742…
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Bray v. State, 742 So. 2d 804 (Fla. 1st DCA 1998)…ich his post-conviction motion, filed pursuant to Florida Rule of Criminal Procedure 3.850, was dismissed as untimely. We reverse and remand for an eviden-tiary hearing. This is the second appeal in connection with Bray’s motion. In Bray v. State, 702 So. 2d 302 (Fla. 1st DCA 1997), we reversed with directions to the trial court to conduct an evidentiary hearing to determine whether the motion was timely filed in accordance with the mailbox rule articulated in Haag v. State, 591 So. 2d 614 (Fla.1992)(holdin…
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Mathews v. State, 958 So. 2d 1104 (Fla. 4th DCA 2007)…ly sufficient claim requiring an evidentiary hearing, we reverse and remand for the trial court to hold an evidentiary hearing. See Pagan v. State, 899 So. 2d 1203 (Fla. 2d DCA 2005); Jones v. State, 785 So. 2d 561 (Fla. 2d DCA 2001); Bray v. State, 702 So. 2d 302 (Fla. 1st DCA 1997). Reversed and Remanded with directions. POLEN, TAYLOR and MAY, JJ., concur. . In his motion for rehearing, appellant stated that the certificate of service is dated February 8, 2004.…
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- State v. Thurston McCLAIN, 591 So. 2d 614 (Fla. 1992)
- Haag v. State, 591 So. 2d 614 (Fla. 1992)