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985 So. 2d 1155

Green v. State

District Court of Appeal of Florida · decided 2008-06-18

Cited by 1 later decisions — most recently December 2008

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2008-06-18

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PER CURIAM.

¶1We reverse the order denying defendant’s Florida Rule of Criminal Procedure 3.850 motion because the record does not conclusively demonstrate that the defendant’s motion was untimely. See Fla. R.Crim. P. 3.850(d); Fla. R.App. P. 9.141(b)(2)(D). On remand, the court shall *1156either attach those portions of the record conclusively demonstrating that it was untimely filed, or shall rule on the merits of the motion.

¶2Reversed and remanded.

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