Gallion v. State

District Court of Appeal of Florida

Gallion v. State

159 So. 3d 972, 2015 Fla. App. LEXIS 3768, 40 Fla. L. Weekly Fed. D 665

CourtDistrict Court of Appeal of Florida

DecidedMarch 16, 2015

DocketNo. 1D14-2905

StatusPublished

This text of 159 So. 3d 972 (Gallion 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.

Bluebook

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

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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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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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Bluebook (online)

159 So. 3d 972, 2015 Fla. App. LEXIS 3768, 40 Fla. L. Weekly Fed. D 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallion-v-state-fladistctapp-2015.

Opinion

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