John L. Smith v. State of Florida

District Court of Appeal of Florida

John L. Smith v. State of Florida

188 So. 3d 96, 2016 Fla. App. LEXIS 4924, 2016 WL 1243480

District Court of Appeal of Florida·Decided March 30, 2016·No. 4D15-3413·Published

Opinion

CONFESSION OF ERROR

PER CURIAM.

We reverse the order denying appellant’s postconviction motion seeking additional jail credit. As the State concedes in response to this Court’s order to show cause, the motion was filed on November 19, 2013, which was within the one-year grace period provided for-in Florida Rule of Criminal Procedure 3.801(b). The grace period did not close until July 1, 2014. The trial court erred in denying the motion as untimely under rule 3.801. This matter is remanded for further proceedings.

Reversed and Remanded.

CIKLIN, C.J., STEVENSON and TAYLOR, JJ., concur.

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CONFESSION OF ERROR

PER CURIAM.

We reverse the order denying appellant’s postconviction motion seeking additional jail credit. As the State concedes in response to this Court’s order to show cause, the motion was filed on November 19, 2013, which was within the one-year grace period provided for-in Florida Rule of Criminal Procedure 3.801(b). The grace period did not close until July 1, 2014. The trial court erred in denying the motion as untimely under rule 3.801. This matter is remanded for further proceedings.

Reversed and Remanded.

CIKLIN, C.J., STEVENSON and TAYLOR, JJ., concur.

John L. Smith v. State of Florida, 188 So. 3d 96, 2016 Fla. App. LEXIS 4924, 2016 WL 1243480 (Fla. Ct. App. 2016).

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