Public-domain · open source
OpenJurist

83 So. 3d 784

Finch v. State

District Court of Appeal of Florida

Decided November 18, 2011

District Court of Appeal of Florida · decided 2011-11-18

Cited by 2 later decisions — most recently August 2014

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2011-11-18

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant challenges the summary denial of his Florida Rule of Criminal Procedure 3.850 motion based on timeliness. We reverse. Appellant’s allegation that he placed his motion in the hands of prison officials on November 19, 2010, is not refuted in the record. The fact that prison officials did not mail it until three days later is immaterial. Accordingly, we remand this cause to the trial court to consider the motion on the merits.

¶2REVERSED AND REMANDED.

PALMER, TORPY and JACOBUS, JJ., concur.
/83/so3d/784 · .json · Public domain