Florida District Courts of Appeal, 2015

Simmons v. State

Simmons v. State
Florida District Courts of Appeal · Decided January 28, 2015 · Forst, Gerber, Levine
155 So. 3d 1253; 2015 Fla. App. LEXIS 1040; 2015 WL 341771 (Southern Reporter, Third Series)

Simmons v. State

Opinion of the Court

ON CONFESSION OF ERROR

PER CURIAM.

The State concedes that, contrary to reasoning in the trial court’s order, appellant’s rule 3.850 motion was timely filed. The order summarily denying the motion as untimely is therefore reversed, and this matter is remanded for further proceedings.

Reversed and remanded.

GERBER, LEVINE and FORST, JJ., concur.

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