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159 So. 3d 972

Gallion v. State

District Court of Appeal of Florida · decided 2015-03-16

Relies on 493 So. 2d 489 - Toler v. State

Decided 2015-03-16

PER CURIAM.

¶1Appellant appeals the order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. On appeal, in response to this court’s order issued pursuant to Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986), the State conceded that Appellant is entitled to relief. We therefore reverse and remand for the trial court to consider Appellant’s motion on the merits.

¶2REVERSED.

LEWIS, C.J., BENTON and THOMAS, JJ., concur.
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