Opinion
No. 1D00-1577
Opinion filed July 12, 2000.
An appeal from the Circuit Court for Okaloosa County.
Thomas T. Remington, Judge.
Ryan Bateman, Pro Se.
Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, Attorneys for Appellee.
This appeal arises from the trial court's denial of Appellant's rule 3.850 motion on the ground that it was untimely filed. Appellant's motion was properly filed within two years of the time that Appellant's judgment and sentence became final. See Borghese v. State, 694 So.2d 148 (Fla. 1st DCA 1997) (citing Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988)). Accordingly, we reverse the trial court's order and remand for reconsideration of Appellant's motion.
REVERSED and REMANDED.
BARFIELD, C.J., BOOTH and WOLF, JJ., CONCUR.