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.
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.