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RIGGS v. STATE

No. 4D07-557.

956 So.2d 1265 (2007)

Vincent RIGGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 30, 2007.

Attorney(s) appearing for the Case

Vincent Riggs, Okeechobee, pro se.

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Vincent Riggs appeals an order denying his rule 3.850 motion as untimely. The record does not support the trial court's conclusion that the motion was not timely filed under Florida Rule of Criminal Procedure 3.850(b). Accordingly, we reverse and remand for the trial court to consider the 3.850 motion on the merits.

STONE, WARNER, and FARMER...

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