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MUNN v. STATE

No. 94-0330.

634 So.2d 312 (1994)

James MUNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 6, 1994.

Attorney(s) appearing for the Case

Bernard F. Daley, Jr., Daley & Associates, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William A. Spillias, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

In this appeal of the trial court's order summarily denying appellant's rule 3.850 motion for post-conviction relief, the state has agreed that if the motion was timely filed, the order denying the motion should be reversed. We conclude that the 3.850 motion was timely filed. See Bituminous Cas. Corp. v. Clements, 148 Fla. 175, 3 So.2d 865 (Fla. 1941); Cook v. Walgreen Co., 399 So.2d 523 (Fla. 2d DCA 1981...

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