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Florida District Courts of Appeal, 2015

Gallion v. State

Gallion v. State
Florida District Courts of Appeal · Decided March 16, 2015 · Benton, Lewis, Thomas
159 So. 3d 972; 2015 Fla. App. LEXIS 3768; 40 Fla. L. Weekly Fed. D 665 (Southern Reporter, Third Series)

Gallion v. State

Opinion of the Court

PER CURIAM.

Appellant appeals the order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. On appeal, in response to this court’s order issued pursuant to Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986), the State conceded that Appellant is entitled to relief. We therefore reverse and remand for the trial court to consider Appellant’s motion on the merits.

REVERSED.

LEWIS, C.J., BENTON and THOMAS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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