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KAISER v. STATE

No. 5D05-192.

899 So.2d 1282 (2005)

Sammie Lee KAISER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 29, 2005.

Attorney(s) appearing for the Case

Sammie Lee Kaiser, Jasper, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant's Florida Rule of Criminal Procedure 3.850 motion was summarily denied as untimely. The state concedes that the motion was timely filed. Accordingly, this cause is reversed and remanded with instructions that the substance of Appellant's motion be addressed.

REVERSED and REMANDED.

PALMER, PETERSON and TORPY...

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