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Simmons v. State

155 So. 3d 1253, 2015 Fla. App. LEXIS 1040, 2015 WL 341771
Procedural entryThis page is a short order in Simmons v. State. Read the opinion of the Court — 2012 Fla. App. LEXIS 20810 →
District Court of Appeal of Florida·Decided January 28, 2015·No. No. 4D14-3468·Published

Opinion

ON CONFESSION OF ERROR

PER CURIAM.

The State concedes that, contrary to reasoning in the trial court’s order, appellant’s rule 3.850 motion was timely filed. The order summarily denying the motion as untimely is therefore reversed, and this matter is remanded for further proceedings.

Reversed and remanded.

GERBER, LEVINE and FORST, JJ., concur.

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Simmons v. State, 155 So. 3d 1253, 2015 Fla. App. LEXIS 1040, 2015 WL 341771 (Fla. Ct. App. 2015).

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