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Wagner v. State

867 So. 2d 576, 2004 Fla. App. LEXIS 2584, 2004 WL 384882
Procedural entryThis page is a short order in Wagner v. State. Read the opinion of the Court — 895 So. 2d 453 →
District Court of Appeal of Florida·Decided March 3, 2004·No. No. 3D03-2626·Published

Opinion

PER CURIAM.

The trial court dismissed the appellant’s 3.850 motion on the grounds of untimeliness and successiveness. Because, as the state correctly acknowledges, both conclusions were incorrect, the order under review is reversed for consideration of the motion on its merits.

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Wagner v. State, 867 So. 2d 576, 2004 Fla. App. LEXIS 2584, 2004 WL 384882 (Fla. Ct. App. 2004).

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