Florida District Courts of Appeal, 2011

Finch v. State

Finch v. State
Florida District Courts of Appeal · Decided November 18, 2011 · Jacobus, Palmer, Torpy
83 So. 3d 784; 2011 WL 5598341; 2011 Fla. App. LEXIS 18407 (Southern Reporter, Third Series)

Finch v. State

Opinion of the Court

PER CURIAM.

Appellant challenges the summary denial of his Florida Rule of Criminal Procedure 3.850 motion based on timeliness. We reverse. Appellant’s allegation that he placed his motion in the hands of prison officials on November 19, 2010, is not refuted in the record. The fact that prison officials did not mail it until three days later is immaterial. Accordingly, we remand this cause to the trial court to consider the motion on the merits.

REVERSED AND REMANDED.

PALMER, TORPY and JACOBUS, JJ., concur.

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