Florida District Courts of Appeal, 2002

Torres v. State

Florida District Courts of Appeal · Decided January 4, 2002 · Allen, Benton, Booth

802 So. 2d 1199; 2002 Fla. App. LEXIS 54; 2002 WL 10520 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The trial court erred in determining that Appellant’s rule 3.850 motion was time *1200barred. Because the claims appear to be facially sufficient and are not conclusively refuted by the record, we REVERSE the trial court’s order and REMAND for an evidentiary hearing.

REVERSED and REMANDED.

ALLEN, C.J., and BOOTH and BENTON, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.