District Court of Appeal of Florida March 23, 2011, No. 1D10-6512 (Breland v. State)

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United States · · · 23-03-2011

PER CURIAM.

Appellant seeks review of an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The state concedes, and we agree, that the trial court erred in denying the motion as untimely. Accordingly, we reverse and remand for consideration of Appellant’s claims on the merits.

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