Demarious T. Caldwell v. State
This text of 160 So. 3d 110 (Demarious T. Caldwell v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Demarious Caldwell appeals an order striking his rule 3.850 motion as untimely filed.
On direct appeal, this Court affirmed with a citation to a case pending review in the Florida Supreme Court, and Caldwell sought discretionary review. Caldwell v. State, 86 So.3d 1160 (Fla. 4th DCA 2012). The time for filing a rule 3.850 motion was tolled until the Florida Supreme Court dismissed review of the direct appeal proceedings. Mullins v. State, 974 So.2d 1135 (Fla. 3d DCA 2008). The state concedes that Caldwell’s postconviction motion was timely filed and he should have been given leave to correct the pleading deficiencies in his motion. Fla. R.Crim. P. 3.850(f)(2).
Accordingly, we reverse and remand for the trial court to give appellant leave to amend his motion.
Reversed and Remanded.
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Cite This Page — Counsel Stack
160 So. 3d 110, 2015 Fla. App. LEXIS 3875, 2015 WL 1214008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demarious-t-caldwell-v-state-fladistctapp-2015.