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FILOMENO v. STATE

No. 5D08-3371.

2 So.3d 1092 (2009)

Eduardo FILOMENO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 13, 2009.

Attorney(s) appearing for the Case

Eduardo I. Filomeno, Orlando, Pro Se.

Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee.

Prior report: 930 So.2d 821.

ORFINGER, J.

Eduardo Filomeno appeals the trial court's summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court concluded that his motion was untimely and denied it on that basis, and not on the merits. The State properly concedes error. We reverse and remand for the trial court to consider the motion on the merits.

Filomeno's timely filing of a petition to review the written opinion...

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