MITCHEM v. STATE

No. 2D01-4238.

805 So.2d 1114 (2002)

Donald Antonio MITCHEM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 6, 2002.


COVINGTON, Judge.

Donald Antonio Mitchem appeals the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion because it was not filed within two years of the appellate mandate which was issued on July 10, 1998. The certificate of service on the motion, however, was dated July 10, 2000, which would have been within the two-year limit. We reverse and remand.

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