NAILON v. State

82 So. 3d 1209, 2012 WL 954085, 2012 Fla. App. LEXIS 4481
District Court of Appeal of Florida·Decided March 22, 2012·No. 1D11-3964·Published·Cited by 1 cases

Opinion

PER CURIAM.

David S. Nailon seeks certiorari review of an order dismissing as untimely his motion for reduction and modification of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). As the state properly concedes, petitioner’s motion was in fact timely. Accordingly, the petition for writ of certiorari is GRANTED, the order dismissing petitioner’s rule 3.800(c) motion is QUASHED, and the matter is REMANDED with directions to consider the merits of Nailon’s motion.

PADOVANO, LEWIS, and WETHERELL, JJ., concur.

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NAILON v. State, 82 So. 3d 1209, 2012 WL 954085, 2012 Fla. App. LEXIS 4481 (Fla. Ct. App. 2012).

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