Dowdy v. State

District Court of Appeal of Florida

Dowdy v. State

870 So. 2d 39, 2003 Fla. App. LEXIS 13895, 2003 WL 22104614

District Court of Appeal of Florida·Decided September 12, 2003·No. No. 2D03-1201·Published

Opinion

CANADY, Judge.

Christopher Dowdy appeals the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court dismissed Dowdy’s motion for postconviction relief because it was not filed within two [40]*40years of the date Dowdy’s sentence became final. In its order, the trial court rejected Dowdy’s claim that the late-filed motion was a duplicate of a motion he had timely filed. Because the record is devoid of any evidence to support this conclusion, we reverse for the trial court to consider the motion on the merits.

Reversed and remanded.

WHATLEY and WALLACE, JJ., Concur.

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CANADY, Judge.

Christopher Dowdy appeals the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court dismissed Dowdy’s motion for postconviction relief because it was not filed within two [40]*40years of the date Dowdy’s sentence became final. In its order, the trial court rejected Dowdy’s claim that the late-filed motion was a duplicate of a motion he had timely filed. Because the record is devoid of any evidence to support this conclusion, we reverse for the trial court to consider the motion on the merits.

Reversed and remanded.

WHATLEY and WALLACE, JJ., Concur.

Dowdy v. State, 870 So. 2d 39, 2003 Fla. App. LEXIS 13895, 2003 WL 22104614 (Fla. Ct. App. 2003).

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