Gallion v. State

159 So. 3d 972, 2015 Fla. App. LEXIS 3768, 40 Fla. L. Weekly Fed. D 665
District Court of Appeal of Florida·Decided March 16, 2015·No. No. 1D14-2905·Published

Opinion

PER CURIAM.

Appellant appeals the order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. On appeal, in response to this court’s order issued pursuant to Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986), the State conceded that Appellant is entitled to relief. We therefore reverse and remand for the trial court to consider Appellant’s motion on the merits.

REVERSED.

LEWIS, C.J., BENTON and THOMAS, JJ., concur.

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Gallion v. State, 159 So. 3d 972, 2015 Fla. App. LEXIS 3768, 40 Fla. L. Weekly Fed. D 665 (Fla. Ct. App. 2015).

159 So. 3d 972 (Gallion v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Toler v. State
493 So. 2d 489 (District Court of Appeal of Florida, 1986)