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ORTIZ v. STATE

No. 4D08-4487.

4 So.3d 794 (2009)

Jose Perez ORTIZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 25, 2009.

Attorney(s) appearing for the Case

Jose Perez Ortiz, Carrabelle, pro se.

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

PER CURIAM.

Jose Ortiz appeals an order denying his rule 3.850 motion as untimely filed. We agree that the motion was timely filed and reverse and remand for the trial court to consider the motion on the merits.

On direct appeal, this court issued an opinion affirming appellant's convictions. Ortiz v. State, 869 So.2d 1278 (Fla. 4th DCA 2004). Thereafter, appellant timely sought discretionary review in the Florida...

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