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FALLER v. STATE

No. 2D08-1164.

1 So.3d 1291 (2009)

Douglas H. FALLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 4, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Douglas H. Faller challenges the summary dismissal of his pro se motion to withdraw his no contest plea to nineteen third-degree felony counts. The trial court dismissed the motion on the ground that it was untimely filed. The State concedes that the trial court erred in dismissing the motion in Mr. Faller's circumstances because his motion was timely filed.

Mr. Faller was incarcerated at the time he "filed" his motion by placing it into...

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