PER CURIAM.
Bruce Balkey appeals the summary denial of his postconviction motion. The trial court denied the motion as untimely without addressing the merits of Balkey's claims. However, as Balkey argued below, the motion was timely filed based on Florida Rule of Criminal Procedure 3.040.
Two of the claims raised in the postconviction motion are legally sufficient and not refuted by any record attachments: (1) Balkey alleged that he received ineffective assistance...
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