VIRGIL MONTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VIRGIL MONTS, APPELLANT,
STATE OF FLORIDA, APPELLEE
870 So. 2d 952
Florida District Court of Appeal, First District (2004)
Opinion of the Court
BROWNING, J.
Appellant seeks review of an order denying his motion for postconviction relief, filed pursuant to Florida Rule of Appellate Procedure 3.850, as untimely. In response to an order issued by this Court on the authority of Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986), the state conceded that Appellant’s motion was timely because it was filed within two years of the date the mandate issued from this Court. See, e.g., Brower v. State, 701 So. 2d 433 (Fla. 1st DCA 1997). Accordingly, we reverse and remand for further consideration of Appellant’s postconviction motion.
BARFIELD and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986)
- Brower v. State, 701 So. 2d 433 (Fla. 1st DCA 1997)
- Bunnie Brown, Jr. v. Fla. Parole Comm'n, 701 So. 2d 433 (Fla. 1st DCA 1997)