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

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 2016

Docket4D15-3413

StatusPublished

This text of 188 So. 3d 96 (John L. Smith v. State of Florida) 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

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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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.

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Bluebook (online)

188 So. 3d 96, 2016 Fla. App. LEXIS 4924, 2016 WL 1243480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-l-smith-v-state-of-florida-fladistctapp-2016.