Green v. State
985 So. 2d 1155, 2008 Fla. App. LEXIS 9126, 2008 WL 2436147
Procedural entryThis page is a short order in Green v. State. Read the opinion of the Court — 2005 Fla. App. LEXIS 11994 →
Opinion
We reverse the order denying defendant’s Florida Rule of Criminal Procedure 3.850 motion because the record does not conclusively demonstrate that the defendant’s motion was untimely. See Fla. R.Crim. P. 3.850(d); Fla. R.App. P. 9.141(b)(2)(D). On remand, the court shall [1156]*1156either attach those portions of the record conclusively demonstrating that it was untimely filed, or shall rule on the merits of the motion.
Reversed and remanded.
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Green v. State, 985 So. 2d 1155, 2008 Fla. App. LEXIS 9126, 2008 WL 2436147 (Fla. Ct. App. 2008).
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