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Florida District Courts of Appeal, 1998

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided October 21, 1998 · Joanos, Kahn, Webster
735 So. 2d 496; 1998 Fla. App. LEXIS 13439; 1998 WL 729689 (Southern Reporter, Second Series)

Brown v. State

Opinion of the Court

PER CURIAM.

Appellant challenges the dismissal of his postconviction motion as untimely. The state concedes and we agree that appellant’s motion was timely filed under the mailbox rule, see Haag v. State, 591 So.2d 614 (Fla. 1992), and therefore appellant is entitled to have his motion considered on the merits. Accordingly, we reverse and remand for proceedings consistent with this opinion.

REVERSED.

JOANOS, KAHN and WEBSTER, JJ., concur.

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