Outcome n/a Florida 2015

Jerry GALLION, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal · March 16, 2015 · Docket No. 1D14-2905

159 So. 3d 972

Syllabus

Jerry GALLION, Appellant, v. STATE of Florida, Appellee. No. 1D14-2905. District Court of Appeal of Florida, First District. March 16, 2015. Jerry Gallion, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

Full Opinion (455 characters)

PER CURIAM.
Appellant appeals the order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 as untimely. On appeal, in response to this court’s order issued pursuant to Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986), the State conceded that Appellant is entitled to relief. We therefore reverse and remand for the trial court to consider Appellant’s motion on the merits.
REVERSED.
LEWIS, C.J., BENTON and THOMAS, JJ., concur.

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