Opinion

Brown v. State

735 So. 2d 496
1998 Fla. App. LEXIS 13439
1998 WL 729689

Court: District Court of Appeal of Florida
Filed: Oct 21, 1998
Status: Published
On the bench: Joanos, Kahn, Webster
Cited by: 0 cases
Authority: More cited than 0.7%

The opinion

PER CURIAM.

Appellant challenges the dismissal of his postconviction motion as untimely. The state concedes and we agree that appellant’s motion was timely filed under the mailbox rule, see Haag v. State, 591 So.2d 614 (Fla.1992), and therefore appellant is entitled to have his motion considered on the merits. Accordingly, we reverse and remand for proceedings consistent with this opinion.

REVERSED.

JOANOS, KAHN and WEBSTER, JJ., concur.

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