Florida District Courts of Appeal, 2012

NAILON v. State

NAILON v. State
Florida District Courts of Appeal · Decided March 22, 2012 · Padovano, Lewis, Wetherell
82 So. 3d 1209; 2012 WL 954085; 2012 Fla. App. LEXIS 4481 (Southern Reporter, Third Series)

NAILON v. State

Opinion

PER CURIAM.

David S. Nailon seeks certiorari review of an order dismissing as untimely his motion for reduction and modification of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). As the state properly concedes, petitioner’s motion was in fact timely. Accordingly, the petition for writ of certiorari is GRANTED, the order dismissing petitioner’s rule 3.800(c) motion is QUASHED, and the matter is REMANDED with directions to consider the merits of Nailon’s motion.

PADOVANO, LEWIS, and WETHERELL, JJ., concur.

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