STEVEN HAYWOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-12-11
No. 92-02737
CAMPBELL, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.
615 So. 2d 707 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant contends that the court erred in denying his motion for postconviction relief as untimely filed. He argues that he had previously filed a motion for postconviction relief that was dismissed without prejudice by the trial court. Apparently, the motion on review here was the resubmission of that motion. If correct, the court erred in denying the motion as untimely filed. See Lemus v. State, 585 So. 2d 388 (Fla. 2d DCA 1991). However, since the appellant’s postconviction relief motion fails on its merits, we affirm.

CAMPBELL, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.


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  • Smith v. State, 618 So. 2d 737 (Fla. 2d DCA 1993)
    …ent of rule 3.850. See Scott v. State, 464 So. 2d 1171 (Fla.1985). Eleven days after the order was entered, appellant resubmitted his motion with the appropriate oath. The trial court erred in denying his motion as time-barred. See Haywood v. State, 615 So. 2d 707 (Fla. 2d DCA 1992); Lemus v. State, 585 So. 2d 388 (Fla. 2d DCA 1991). Accordingly, we reverse the order of denial and remand for the trial court to rule on the merits of the motion. Reversed and remanded. SCHOONOVER, A.C.J., and FRANK and THREA…
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