BRAY v. STATE

No. 97-2315.

702 So.2d 302 (1997)

Charles W. BRAY, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 15, 1997.


Attorney(s) appearing for the Case

Charles W. Bray, III, Appellant, pro se.

Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Charles W. Bray, III appeals an order dismissing his 3.850 motion as untimely. We reverse and remand for further proceedings.

Although the record shows that Bray's motion was received by the clerk of court on March 18, 1997, the record also contains two documents attesting to an earlier timely filing of the motion, i.e., that Bray submitted the original 3.850 motion to prison officials for mailing on December 27, 1994. If Bray's assertion is correct...

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