Smith v. State

Full title: John L. SMITH, Appellant, v. STATE of Florida, Appellee.

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

Date published: Mar 30, 2016

188 So. 3d 96 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D15–3413.

03-30-2016

John L. SMITH, Appellant, v. STATE of Florida, Appellee.

John L. Smith, Okeechobee, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Georgina Jiminez–Orosa, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

John L. Smith, Okeechobee, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Georgina Jiminez–Orosa, Assistant Attorney General, West Palm Beach, for appellee.

CONFESSION OF ERROR

PER CURIAM.

We reverse the order denying appellant's postconviction motion seeking additional jail credit. As the State concedes in response to this Court's order to show cause, the motion was filed on November 19, 2013, which was within the one-year grace period provided for in Florida Rule of Criminal Procedure 3.801(b). The grace period did not close until July 1, 2014. The trial court erred in denying the motion as untimely under rule 3.801. This matter is remanded for further proceedings.

Reversed and Remanded.

CIKLIN, C.J., STEVENSON and TAYLOR, JJ., concur.