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SIMMONS v. STATE

No. 4D14-3468.

155 So.3d 1253 (2015)

Samuel SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 28, 2015.

Attorney(s) appearing for the Case

Samuel Simmons, Milton, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Richard Valuntas , Assistant Attorney General, West Palm Beach, for appellee.

ON CONFESSION OF ERROR

The State concedes that, contrary to reasoning in the trial court's order, appellant's rule 3.850 motion was timely filed. The order summarily denying the motion as untimely is therefore reversed, and this matter is remanded for further proceedings.

Reversed and remanded.

GERBER...

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