JOB LANGLOIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2006-07-28
No. 2D06-1135
NORTHCUTT, SILBERMAN, and CANADY, JJ., Concur.
933 So. 2d 1281 Florida District Court of Appeal, Second District (2006)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Job Langlois appeals' the denial of his pro se motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because Langlois’s challenge to his March 4, 2003, judgment and sentence was untimely filed, the motion should have been dismissed rather than denied on the merits. Therefore, we reverse and remand to the postconviction court with directions to dismiss the motion as untimely. See Fla. R.Crim. P. 3.850(b); Lyell v. State, 872 So. 2d 447 (Fla. 2d DCA 2004).

Reversed and remanded with directions.

NORTHCUTT, SILBERMAN, and CANADY, JJ., Concur.


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