PETERSON v. STATE

No. 5D12-1483.

88 So.3d 1035 (2012)

James Bruce PETERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 25, 2012.


Attorney(s) appearing for the Case

James Bruce Peterson , Milton, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Wesley Heidt , Assistant Attorney General, for Appellee.


PER CURIAM.

James Peterson appeals the lower court's order dismissing his rule 3.850 motion as untimely. We reverse because Peterson's motion was directed to his resentencing and was filed within two years of his sentence becoming final.1 Thus, it was timely. See Fla. R.Crim. P. 3.850(b). On remand, the lower court is instructed to consider Peterson's motion on the merits.

REVERSED and REMANDED.

GRIFFIN and JACOBUS...

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