Florida District Courts of Appeal, 2016

Marvin Williams v. State

Marvin Williams v. State
Florida District Courts of Appeal · Decided June 3, 2016 · Sawaya, Palmer, Berger
192 So. 3d 685; 2016 WL 3125992; 2016 Fla. App. LEXIS 8469 (Southern Reporter, Third Series)

Marvin Williams v. State

Opinion

PER CURIAM.

The Appellant, Marvin Williams, appeals the order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion because it concluded that the motion was not timely filed. However, pursuant to Maxwell v. State, 888 So.2d 152, 153 (Fla. 5th DCA 2004), the motion was timely filed. Accordingly, we reverse the order under review and remand this case to the trial court to consider the motion on the merits.

REVERSED and REMANDED.

SAWAYA, PALMER and BERGER, JJ., concur.

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