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64 So. 3d 1293

Mellor v. State

District Court of Appeal of Florida · decided 2011-07-20

Relies on 941 So. 2d 555 - Small v. State · Whyte v. State

Decided 2011-07-20

PER CURIAM.

¶1The order denying appellant’s postcon-viction motion as untimely is reversed. Small v. State, 941 So.2d 555 (Fla. 1st DCA 2006). The two-year time limit for seeking postconviction relief did not begin to run until the mandate issued for this court’s affirmance of the belated direct appeal of appellant’s conviction and sentence. Mellor v. State, 968 So.2d 575 (Fla. 4th DCA 2007) (table) (mandate issued December 5, 2007). This matter is remanded for further proceedings on the postconviction motion.

¶2Reversed and remanded for further •proceedings.

MAY, C.J., WARNER and STEVENSON, JJ., concur.
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