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MONTS v. STATE

No. 1D03-4080.

870 So.2d 952 (2004)

Virgil MONTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 26, 2004.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, Tallahassee, for Appellee.

BROWNING, J.

Appellant seeks review of an order denying his motion for postconviction relief, filed pursuant to Florida Rule of Appellate Procedure 3.850, as untimely. In response to an order issued by this Court on the authority of Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986), the state conceded that Appellant's motion was timely because it was filed within two years of the date the mandate issued from this Court. ...

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