Public-domain · open source
OpenJurist

735 So. 2d 496

Brown v. State

District Court of Appeal of Florida

Decided October 21, 1998

District Court of Appeal of Florida · decided 1998-10-21

Relies on 591 So. 2d 614 - State v. McClain

Decided 1998-10-21

PER CURIAM.

¶1Appellant challenges the dismissal of his postconviction motion as untimely. The state concedes and we agree that appellant’s motion was timely filed under the mailbox rule, see Haag v. State, 591 So.2d 614 (Fla.1992), and therefore appellant is entitled to have his motion considered on the merits. Accordingly, we reverse and remand for proceedings consistent with this opinion.

¶2REVERSED.

JOANOS, KAHN and WEBSTER, JJ., concur.
/735/so2d/496 · .json · Public domain