Florida District Courts of Appeal, 2008

Green v. State

Green v. State
Florida District Courts of Appeal · Decided June 18, 2008 · Cortinas, Green, Suarez
985 So. 2d 1155; 2008 Fla. App. LEXIS 9126; 2008 WL 2436147 (Southern Reporter, Second Series)

Green v. State

Opinion of the Court

PER CURIAM.

We reverse the order denying defendant’s Florida Rule of Criminal Procedure 3.850 motion because the record does not conclusively demonstrate that the defendant’s motion was untimely. See Fla. R.Crim. P. 3.850(d); Fla. R.App. P. 9.141(b)(2)(D). On remand, the court shall *1156either attach those portions of the record conclusively demonstrating that it was untimely filed, or shall rule on the merits of the motion.

Reversed and remanded.

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