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878 So. 2d 1289

Suggs v. State

District Court of Appeal of Florida

Decided August 10, 2004

District Court of Appeal of Florida · decided 2004-08-10

Relies on 535 So. 2d 642 - Gust v. State

Decided 2004-08-10

PER CURIAM.

¶1The appellant filed a motion in the trial court pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. However, because the motion was filed within two years of his conviction and sentence becoming final, the motion was timely. See *1290Gust v. State, 535 So.2d 642, 643 (Fla. 1st DCA 1988). Thus, the trial court had jurisdiction to consider the appellant’s motion on its merits and the trial court therefore erred in denying it as untimely.

¶2We accordingly reverse the order and remand with directions to consider the petitioner’s motion on its merits.

¶3REVERSED and REMANDED.

DAVIS, LEWIS and POLSTON, JJ„ concur.
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