Opinion
Case No. 1D01-2406
filed January 4, 2002.
An appeal from the circuit court for Duval County. Michael R. Weatherby, Judge.
Michael A. Torres, Pro Se.
No appearance for Appellee.
The trial court erred in determining that Appellant's rule 3.850 motion was time barred. Because the claims appear to be facially sufficient and are not conclusively refuted by the record, we REVERSE the trial court's order and REMAND for an evidentiary hearing.
REVERSED and REMANDED.
ALLEN, C.J., and BOOTH and BENTON, JJ., CONCUR.