Rodriguez v. State

Full title: Samson Peter RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Feb 3, 2016

189 So. 3d 878 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D15–0800.

02-03-2016

Samson Peter RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

Samson Peter Rodriguez, Indiantown, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Samson Peter Rodriguez, Indiantown, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We accept the state's concession of error on appeal, vacate the order of the trial court entered November 21, 2014, and remand with directions that the trial court grant appellant an evidentiary hearing on his claim that counsel retained by appellant's father failed to timely file an amended motion for post-conviction relief, as permitted in Rodriguez v. State, 100 So.3d 1244, 1245 (Fla. 4th DCA 2012). See Medrano v. State, 748 So.2d 986, 987 (Fla.1999) ; Steele v. Kehoe, 747 So.2d 931 (Fla.1999).

Reversed and remanded with directions.

GROSS, DAMOORGIAN and KLINGENSMITH, JJ., concur.