Opinion
No. 94-0520.
May 11, 1994.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Mark A. Speiser, Judge.
Rafael Pellot, pro se appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rodgers, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse the trial court's order denying appellant's motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse because the trial court erred in its determination that appellant failed to timely file his motion for post-conviction relief. We remand this cause to the trial court with instructions to consider appellant's motion on its merits.
REVERSED and REMANDED.
DELL, C.J., and KLEIN and STEVENSON, JJ., concur.