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David S. NAILON, Petitioner, v. STATE of Florida, Respondent

Florida District Court of Appeal2012-03-22No. No. 1D11-3964
82 So. 3d 1209

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Opinion

majority opinion

PER CURIAM.

David S. Nailon seeks certiorari review of an order dismissing as untimely his motion for reduction and modification of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). As the state properly concedes, petitioner’s motion was in fact timely. Accordingly, the petition for writ of certiorari is GRANTED, the order dismissing petitioner’s rule 3.800(c) motion is QUASHED, and the matter is REMANDED with directions to consider the merits of Nailon’s motion.

PADOVANO, LEWIS, and WETHERELL, JJ., concur.