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JONES v. STATE

No. 2D02-3499.

854 So.2d 773 (2003)

Horace JONES, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 3, 2003.

Attorney(s) appearing for the Case

Michael V. Giordano, Tampa, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

In the prior appeal of this matter, Jones v. State, 785 So.2d 561 (Fla. 2d DCA 2001), we reversed an order summarily denying Horace Jones' motion for postconviction relief as untimely and required an evidentiary hearing to determine whether Mr. Jones timely entrusted the motion to prison officials for mailing. We noted that if Mr. Jones could establish this, he was entitled to the rebuttable presumption created...

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