Florida District Courts of Appeal, 1995

Grooms v. State

Florida District Courts of Appeal · Decided June 16, 1995 · Fulmer, Threadgill, Whatley

661 So. 2d 69; 1995 Fla. App. LEXIS 6560; 1995 WL 358271 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

STATE, DHRS v. Bills (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Floyd E. Grooms appeals the denial of his motion entitled “Motion to Correct Illegal Sentence” which he stated he was filing pursuant to Florida Rule of Criminal Procedure 3.850. The trial court treated the motion as one brought pursuant to Florida Rule of Criminal Procedure 3.800(b) and denied relief on the basis that the motion was untimely. Such treatment was in error and we reverse and remand with instructions that the trial court treat the motion as one filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and consider the merits raised therein. See, e.g., Poiteer v. State, 627 So.2d 526 (Fla. 2d DCA 1993).

Reversed and remanded.

THREADGILL, A.C.J., and FULMER and WHATLEY, JJ., concur.

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