Florida District Courts of Appeal, 2005

Sinclair v. State

Sinclair v. State
Florida District Courts of Appeal · Decided January 19, 2005 · Allen, Browning, Davis
890 So. 2d 1240; 2005 Fla. App. LEXIS 215; 2005 WL 94541 (Southern Reporter, Second Series)

Sinclair v. State

Opinion of the Court

PER CURIAM.

The appellant challenges the trial court’s order summarily denying his motion alleging ineffective assistance of counsel fried pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. However, because the appellant filed his motion within two years of his conviction and sentence becoming final, we reverse the summary denial and remand for further proceedings. See Brower v. State, 701 So.2d 433, 433 (Fla. 1st DCA 1997).

REVERSED AND REMANDED.

ALLEN, DAVIS and BROWNING, JJ., Concur.

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