Brown v. State

735 So. 2d 496, 1998 Fla. App. LEXIS 13439, 1998 WL 729689
Procedural entryThis page is a short order in Brown v. State. Read the opinion of the Court — 670 So. 2d 965
District Court of Appeal of Florida·Decided October 21, 1998·No. No. 98-1483·Published

Opinion

PER CURIAM.

Appellant challenges the dismissal of his postconviction motion as untimely. The state concedes and we agree that appellant’s motion was timely filed under the mailbox rule, see Haag v. State, 591 So.2d 614 (Fla.1992), and therefore appellant is entitled to have his motion considered on the merits. Accordingly, we reverse and remand for proceedings consistent with this opinion.

REVERSED.

JOANOS, KAHN and WEBSTER, JJ., concur.

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Brown v. State, 735 So. 2d 496, 1998 Fla. App. LEXIS 13439, 1998 WL 729689 (Fla. Ct. App. 1998).

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Related

Haag v. State
591 So. 2d 614 (Supreme Court of Florida, 1992)