SURINACH v. STATE

No. 2D12-4125.

110 So.3d 95 (2013)

Raphael G. SURINACH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 13, 2013.


BLACK, Judge.

Raphael G. Surinach appeals the order striking as untimely his amended motion filed under Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

After his judgment and sentences became final, Surinach filed a timely rule 3.850 motion. He then filed an amended motion over a year later and outside of the two-year time limit for filing rule 3.850 motions. See Fla. R.Crim. P. 3.850(b). In the order striking...

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