WITT v. STATE

No. 5D03-3507.

861 So.2d 1292 (2004)

Omar S. WITT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 9, 2004.


Attorney(s) appearing for the Case

Omar S. Witt, Blountstown, Pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

The appellant, Omar Sharif Witt, appeals the summary denial of his rule 3.850 motion based on the trial court's determination that the motion was not timely filed. We conclude, however, that the motion was timely, and that Mr. Witt is entitled to a substantive consideration of his motion.

When Mr. Witt appealed his conviction of a number of felony offenses, this court issued a written opinion affirming...

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