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Green v. State

District Court of Appeal of Florida, Third District
Jun 18, 2008
985 So. 2d 1155 (Fla. Dist. Ct. App. 2008)

Opinion

No. 3D08-280.

June 18, 2008.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lawrence A. Schwartz, Judge.

Antonio Green, in proper person.

Bill McCollum, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before GREEN, SUAREZ, and CORTIÑAS, JJ.


We reverse the order denying defendant's Florida Rule of Criminal Procedure 3.850 motion because the record does not conclusively demonstrate that the defendant's motion was untimely. See Fla.R.Crim.P. 3.850(d); Fla.R.App.P. 9.141(b)(2)(D). On remand, the court shall either attach those portions of the record conclusively demonstrating that it was untimely filed, or shall rule on the merits of the motion.

Reversed and remanded.


Summaries of

Green v. State

District Court of Appeal of Florida, Third District
Jun 18, 2008
985 So. 2d 1155 (Fla. Dist. Ct. App. 2008)
Case details for

Green v. State

Case Details

Full title:Antonio GREEN, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 18, 2008

Citations

985 So. 2d 1155 (Fla. Dist. Ct. App. 2008)

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