¶1The trial court dismissed the appellant’s 3.850 motion on the grounds of untimeliness and successiveness. Because, as the state correctly acknowledges, both conclusions were incorrect, the order under review is reversed for consideration of the motion on its merits.
867 So. 2d 576
Wagner v. State
District Court of Appeal of Florida
Decided March 3, 2004
District Court of Appeal of Florida · decided 2004-03-03
Decided 2004-03-03