Grooms v. State

District Court of Appeal of Florida

Grooms v. State

661 So. 2d 69, 1995 Fla. App. LEXIS 6560, 1995 WL 358271

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 1995

DocketNo. 95-01231

StatusPublished

Cited by1 cases

This text of 661 So. 2d 69 (Grooms 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.

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Grooms v. State, 661 So. 2d 69, 1995 Fla. App. LEXIS 6560, 1995 WL 358271 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

Floyd E. Grooms appeals the denial of his motion entitled “Motion to Correct Illegal Sentence” which he stated he was filing pursuant to Florida Rule of Criminal Procedure 3.850. The trial court treated the motion as one brought pursuant to Florida Rule of Criminal Procedure 3.800(b) and denied relief on the basis that the motion was untimely. Such treatment was in error and we reverse and remand with instructions that the trial court treat the motion as one filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and consider the merits raised therein. See, e.g., Poiteer v. State, 627 So.2d 526 (Fla. 2d DCA 1993).

Reversed and remanded.

THREADGILL, A.C.J., and FULMER and WHATLEY, JJ., concur.

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PER CURIAM.

Floyd E. Grooms appeals the denial of his motion entitled “Motion to Correct Illegal Sentence” which he stated he was filing pursuant to Florida Rule of Criminal Procedure 3.850. The trial court treated the motion as one brought pursuant to Florida Rule of Criminal Procedure 3.800(b) and denied relief on the basis that the motion was untimely. Such treatment was in error and we reverse and remand with instructions that the trial court treat the motion as one filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and consider the merits raised therein. See, e.g., Poiteer v. State, 627 So.2d 526 (Fla. 2d DCA 1993).

Reversed and remanded.

THREADGILL, A.C.J., and FULMER and WHATLEY, JJ., concur.

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661 So. 2d 69, 1995 Fla. App. LEXIS 6560, 1995 WL 358271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grooms-v-state-fladistctapp-1995.

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