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Samuel SIMMONS, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2015-01-28No. No. 4D14-3468
155 So. 3d 1253

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Opinion

majority opinion

ON CONFESSION OF ERROR

PER CURIAM.

The State concedes that, contrary to reasoning in the trial court’s order, appellant’s rule 3.850 motion was timely filed. The order summarily denying the motion as untimely is therefore reversed, and this matter is remanded for further proceedings. Reversed and remanded.

GERBER, LEVINE and FORST, JJ., concur.