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Ortiz v. State
Citations: 4 So. 3d 794; 2009 Fla. App. LEXIS 2480; 2009 WL 763564Docket: No. 4D08-4487
Court: District Court of Appeal of Florida; March 25, 2009; Florida; State Appellate Court
Jose Ortiz's appeal regarding the denial of his rule 3.850 motion has been granted, with the court finding the motion was timely filed. The original convictions were affirmed in Ortiz v. State, 869 So.2d 1278 (Fla. 4th DCA 2004), and subsequent discretionary review by the Florida Supreme Court was stayed pending a related case, McLean v. State. After the resolution of McLean, the Supreme Court denied review of Ortiz's case on October 3, 2006. Ortiz submitted his rule 3.850 motion on February 5, 2007. The court ruled that the filing period for the motion was tolled until the conclusion of direct review proceedings, referencing relevant case law. The state did not contest the timeliness of the motion. Consequently, the circuit court's order was reversed, and the case was remanded for consideration of the motion on its merits, with all judges concurring.