District Court of Appeal of Florida June 15, 2005, No. 3D05-521 (Jefferson v. State)

FLETCHER, Judge.

James Jefferson appeals from the denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.853. We reverse.

The trial court dismissed Jefferson’s rule 3.853 petition as untimely filed, relying on the state’s response that such motions must be filed within two years of the date of conviction or affirmance of conviction on appeal.