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SCANLON v. STATE

No. 4D06-40.

927 So.2d 1021 (2006)

Kurt D. SCANLON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 5, 2006.

Attorney(s) appearing for the Case

Kurt D. Scanlon, Crestview, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court's denial of Kurt D. Scanlon's motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. The certificate of service on Scanlon's motion shows that he delivered it to prison mail authorities within the two year limitations period of rule 3.850(b). His motion is presumed to be timely filed under the "mailbox rule." See Fla. R.App. P. 9.420(a)(2); Haag v. State,

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