Opinion
Case No. 3D03-2626.
Opinion filed March 3, 2004.
An Appeal from the Circuit Court for Dade County, Pedro P. Echarte, Jr., Judge, Lower Tribunal No. 98-2800.
Leonard Wagner, in proper person.
Charles J. Crist, Jr., Attorney General and Annette M. Lizardo, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.
The trial court dismissed the appellant's 3.850 motion on the grounds of untimeliness and successiveness. Because, as the state correctly acknowledges, both conclusions were incorrect, the order under review is reversed for consideration of the motion on its merits.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.