Florida District Courts of Appeal, 2005

Kaiser v. State

Florida District Courts of Appeal · Decided April 29, 2005 · Palmer, Peterson, Torpy

899 So. 2d 1282; 2005 Fla. App. LEXIS 6107; 2005 WL 991681 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Appellant’s Florida Rule of Criminal Procedure 3.850 motion was summarily denied as untimely. The state concedes that the motion was timely filed. Accordingly, this cause is reversed and remanded with instructions that the substance of Appellant’s motion be addressed.

REVERSED and REMANDED.

PALMER, PETERSON and TORPY, JJ., concur.

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