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155 So. 3d 1253

Simmons v. State

District Court of Appeal of Florida

Decided January 28, 2015

District Court of Appeal of Florida · decided 2015-01-28

Decided 2015-01-28

¶1ON CONFESSION OF ERROR

PER CURIAM.

¶2The 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.

¶3Reversed and remanded.

GERBER, LEVINE and FORST, JJ., concur.
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