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189 So. 3d 878

Rodriguez v. State

District Court of Appeal of Florida

Decided February 3, 2016

District Court of Appeal of Florida · decided 2016-02-03

Relies on 747 So. 2d 931 - Steele v. Kehoe · 748 So. 2d 986 - Medrano v. State · Rodriguez v. State

Decided 2016-02-03

PER CURIAM.

¶1We accept the state’s concession of error on appeal, vacate the order of the trial court entered November 21, 2014, and remand with directions that the trial court grant appellant an evidentiary hearing on his claim that counsel retained by appellant’s father failed to timely file an amended motion for post-conviction relief, as permitted in Rodriguez v. State, 100 So.3d 1244, 1246 (Fla. 4th DCA 2012). See Medrano v. State, 748 So.2d 986, 987 (Fla.1999); Steele v. Kehoe, 747 So.2d 931 (Fla.1999).

¶2Reversed and remanded with directions.

GROSS, DAMOORGIAN and KLINGENSMITH, JJ., concur.
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