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SUGGS v. STATE

No. 1D04-1074.

878 So.2d 1289 (2004)

Elonzell W. SUGGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 10, 2004.

Attorney(s) appearing for the Case

Appellant, pro se.

Charlie Crist, Attorney General; Linda Horton Dodson and Trisha Meggs Pate, Assistant Attorneys General, Tallahassee, for Appellee.

PER CURIAM.

The appellant filed a motion in the trial court pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. However, because the motion was filed within two years of his conviction and sentence becoming final, the motion was timely. See Gust v. State, 535 So.2d 642, 643 (Fla. 1st DCA 1988). Thus, the trial court had jurisdiction...

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