HATTEN v. STATE

No. 5D14-888.

143 So.3d 1103 (2014)

Joseph F. HATTEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 1, 2014.


Attorney(s) appearing for the Case

Joseph F. Hatten, Raiford, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Joseph F. Hatten (defendant) appeals the final order entered by the trial court summarily denying his post-conviction motion. Determining that the trial court erred in concluding that the motion was untimely filed, we reverse and remand for consideration as a timely-filed rule 3.850 motion.

Florida Rule of Criminal Procedure 3.850(b) requires a motion under that rule to be filed within two years from the date the defendant's judgment and sentence...

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