Brown v. State

Full title: ANTONIO BROWN, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Oct 21, 1998

735 So. 2d 496 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-1483

Opinion filed October 21, 1998.

An appeal from the Circuit Court for Escambia County. Judge Frank L. Bell.

Appellant, pro se.

Robert Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee for Appellee.

PER CURIAM.

Appellant challenges the dismissal of his postconviction motion as untimely. The state concedes and we agree that appellant's motion was timely filed under the mailbox rule, see Haag v. State, 591 So.2d 614 (Fla. 1992), and therefore appellant is entitled to have his motion considered on the merits. Accordingly, we reverse and remand for proceedings consistent with this opinion.

REVERSED.

JOANOS, KAHN and WEBSTER, JJ., CONCUR.