BLACK v. STATE

No. 3D99-2398.

750 So.2d 162 (2000)

Milton Montaque BLACK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 9, 2000.


Attorney(s) appearing for the Case

Milton Montaque Black, in proper person.

Robert A. Butterworth, Attorney General and Linda S. Katz, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GREEN and RAMIREZ, JJ.


CONFESSION OF ERROR

PER CURIAM.

The appellant, Milton Montaque Black, appeals the denial of his first motion for post-conviction relief, made pursuant to rule 3.850, Florida Rules of Criminal Procedure, as untimely. Upon the state's appropriate and commendable confession of error, we reverse and remand for further proceedings.

On June 24, 1997, the appellant pled nolo contendere to three third degree felonies and was sentenced to five years...

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