RAMOS v. STATE

No. 2D10-288.

47 So.3d 400 (2010)

Jesus Eduardo RAMOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 24, 2010.


Attorney(s) appearing for the Case

Stephen M. Grogoza , Naples, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Donna S. Koch , Assistant Attorney General, Tampa, for Appellee.


MORRIS, Judge.

Jesus Eduardo Ramos appeals the order dismissing as untimely his motion to withdraw plea filed pursuant to Florida Rule of Criminal Procedure 3.850. We conclude that the postconviction court erred by dismissing the motion because Ramos's second postconviction counsel, Samuel Blanco, admitted that due to an illness and lack of office staff, Blanco failed to file the motion before the expiration of the deadline set forth in State v. Green, ...

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