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GREEN v. STATE

No. 3D08-280.

985 So.2d 1155 (2008)

Antonio GREEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 18, 2008.

Attorney(s) appearing for the Case

Antonio Green, in proper person.

Bill McCollum, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before GREEN, SUAREZ, and CORTIÑAS, JJ.

PER CURIAM.

We reverse the order denying defendant's Florida Rule of Criminal Procedure 3.850 motion because the record does not conclusively demonstrate that the defendant's motion was untimely. See Fla. R.Crim. P. 3.850(d); Fla. R.App. P. 9.141(b)(2)(D). On remand, the court shall either attach those portions of the record conclusively demonstrating that it was untimely filed, or shall rule on the merits of the...

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