HORACE JONES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Prison Mailbox Rule cases and more on FLexlaw
PER CURIAM.
In the prior appeal of this matter, Jones v. State, 785 So. 2d 561 (Fla. 2d DCA 2001), we reversed an order summarily denying Horace Jones’ motion for postconviction relief as untimely and required an evidentiary hearing to determine whether Mr. Jones timely entrusted the motion to prison officials for mailing. We noted that if Mr. Jones could establish this, he was entitled to the rebuttable presumption created in Thompson v. State, 761 So. 2d 324 (Fla.2000). Jones, 785 So. 2d at 562.
On remand, Mr. Jones presented evidence that he timely entrusted his “motion for postconviction reliefs memorandum of law” in the hands of prison officials for mailing. The State failed to present any evidence to rebut the presumption raised by this evidence. As a result, the circuit court’s order again denying Mr. Jones’ motion as untimely is reversed and this case is remanded for the circuit court to consider the motion on the merits.
Reversed and remanded.
ALTENBERND, C.J., and WHATLEY and STRINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kleckley v. State, 857 So. 2d 1009 (Fla. 4th DCA 2003)…t was not received by the lower court. As there exists a good faith factual dispute regarding the date Kleekley filed the renewed motion, we remand for the trial court to conduct an evidentiary hearing on the issue of timeliness. See Jones v. State, 854 So. 2d 773, 774 (Fla. 2d DCA 2003); Jones v. State, 785 So. 2d 561, 561 (Fla. 2d DCA 2001). Should the state opt to withdraw its objection on timeliness, the trial court should consider the motion on the merits. See Thompson v. State, 761 So. 2d 324, 325 (Fla.…
Authorities Cited
- Thompson v. State, 761 So. 2d 324 (Fla. 2000)
- Jones v. State, 785 So. 2d 561 (Fla. 2d DCA 2001)