Opinion
Case No. 3D03-2699.
Opinion filed February 25, 2004.
An appeal from the Circuit Court for Miami-Dade County, Maria Dennis, Judge, Lower Tribunal No. 79-5376.
Joseph Carter, for appellant.
Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.
Before GODERICH, GREEN, and WELLS, JJ.
The defendant appeals an order denying as untimely his rule 3.853 motion for postconviction DNA testing. In light of the State's concession that the motion was timely filed, we reverse and remand for further consideration on the merits.
We affirm the denial of his rule 3.800(a) motion to correct an illegal sentence.
Affirmed in part, reversed in part.