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GUNN v. STATE

No. 4D06-3915.

947 So.2d 551 (2006)

Dexter GUNN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 20, 2007.

Attorney(s) appearing for the Case

Dexter Gunn, Punta Gorda, pro se.

No appearance required for appellee.

PER CURIAM.

We affirm the trial court's summary denial of the motion for postconviction relief, but not its dismissal. We agree with the defendant that a trial court should review the merits of a postconviction motion, even if untimely, which raises a jurisdictional issue that was not previously considered on the merits. See Brown v. State, 917 So.2d 272 (Fla. 5th DCA 2005) (reversing summary denial of rule 3.850 motion,...

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