WHITE v. STATE

No. 96-3324.

688 So.2d 449 (1997)

Gerald Eugene WHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 28, 1997.


Attorney(s) appearing for the Case

Gerald Eugene White, pro se.

Robert A. Butterworth, Attorney General; Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant, an inmate of the state correctional system, seeks review of a final order denying his motion requesting post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied relief based solely upon its conclusion that the motion was untimely. That conclusion was, in turn, based upon the assumption that appellant had not taken a direct appeal from his conviction and sentence. However, that assumption was erroneous...

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