SILVER v. STATE

No. 1D07-0656.

964 So.2d 180 (2007)

Michael SILVER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 3, 2007.


Attorney(s) appearing for the Case

Michael Silver, pro se, Appellant.

Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant challenges the trial court's summary denial of his rule 3.850 motion as untimely. We reverse.

The appellant pled guilty to burglary of a dwelling and was sentenced as a habitual felony offender to 12 years' imprisonment. He filed a direct appeal but subsequently filed a motion to voluntarily dismiss it. On August 29, 2002, this Court rendered an order dismissing the case.

On August 5, 2004, the appellant filed a rule 3.850...

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