Gallion v. State

Full title: Jerry GALLION, Appellant, v. STATE of Florida, Appellee.

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

Date published: Mar 16, 2015

159 So. 3d 972 (Fla. Dist. Ct. App. 2015)

Opinion

No. 1D14–2905.

03-16-2015

Jerry GALLION, Appellant, v. STATE of Florida, Appellee.

Jerry Gallion, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Jerry Gallion, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

Opinion

PER CURIAM.

Appellant appeals the order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. On appeal, in response to this court's order issued pursuant to Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986), the State conceded that Appellant is entitled to relief. We therefore reverse and remand for the trial court to consider Appellant's motion on the merits.

REVERSED.

LEWIS, C.J., BENTON and THOMAS, JJ., concur.