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HALL v. STATE

No. 97-687.

699 So.2d 818 (1997)

James L. HALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 26, 1997.

Attorney(s) appearing for the Case

Appellant, pro se.

Robert A. Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

James L. Hall (Hall) challenges an order by which his motion pursuant to Florida Rule of Criminal Procedure 3.850 was summarily denied as untimely. We reverse.

Hall's motion was received by the clerk of court on November 4, 1996. The trial court denied the motion because it believed that the two-year time period for filing such motions expired two days earlier on November 2, 1996. However, under the "mailbox rule" articulated in Haag v. State...

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