Florida District Courts of Appeal, 2016

John L. Smith v. State of Florida

John L. Smith v. State of Florida
Florida District Courts of Appeal · Decided March 30, 2016 · Ciklin, Per Curiam, Stevenson, Taylor
188 So. 3d 96; 2016 Fla. App. LEXIS 4924; 2016 WL 1243480 (Southern Reporter, Third Series)

John L. Smith v. State of Florida

Opinion

CONFESSION OF ERROR

PER CURIAM.

We reverse the order denying appellant’s postconviction motion seeking additional jail credit. As the State concedes in response to this Court’s order to show cause, the motion was filed on November 19, 2013, which was within the one-year grace period provided for-in Florida Rule of Criminal Procedure 3.801(b). The grace period did not close until July 1, 2014. The trial court erred in denying the motion as untimely under rule 3.801. This matter is remanded for further proceedings.

Reversed and Remanded.

CIKLIN, C.J., STEVENSON and TAYLOR, JJ., concur.

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