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DEPASQUALE v. STATE

No. 4D18-1487.

257 So.3d 505 (2018)

Russell G. DEPASQUALE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 7, 2018.

Attorney(s) appearing for the Case

Russell DePasquale, Raiford, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Mitchell Egber , Assistant Attorney General, West Palm Beach, for appellee.

CONCESSION OF ERROR

Russell DePasquale appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. We conclude that the trial court erred in denying the motion as successive and untimely. We therefore reverse and remand for the court to consider the motion on its merits.

DePasquale...

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