Sinclair v. State

890 So. 2d 1240, 2005 Fla. App. LEXIS 215, 2005 WL 94541
Procedural entryThis page is a short order in Sinclair v. State. Read the opinion of the Court — 853 So. 2d 551
District Court of Appeal of Florida·Decided January 19, 2005·No. No. 1D04-4363·Published

Opinion

PER CURIAM.

The appellant challenges the trial court’s order summarily denying his motion alleging ineffective assistance of counsel fried pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. However, because the appellant filed his motion within two years of his conviction and sentence becoming final, we reverse the summary denial and remand for further proceedings. See Brower v. State, 701 So.2d 433, 433 (Fla. 1st DCA 1997).

REVERSED AND REMANDED.

ALLEN, DAVIS and BROWNING, JJ., Concur.

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Sinclair v. State, 890 So. 2d 1240, 2005 Fla. App. LEXIS 215, 2005 WL 94541 (Fla. Ct. App. 2005).

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Related

Brower v. State
701 So. 2d 433 (District Court of Appeal of Florida, 1997)