Perry JOSEPH, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· January 10, 2018 · Docket No. 4D17-291
233 So. 3d 1153
Syllabus
Perry JOSEPH, Appellant, v. STATE of Florida, Appellee. No. 4D17-291 District Court of Appeal of Florida, Fourth District. [January 10, 2018] Michael B. Cohen of Michael B. Cohen, P.A., Fort Lauderdale, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
Full Opinion (567 characters)
ON CONFESSION OF ERROR Per Curiam. We accept the State’s concession that the trial court erred in denying as untimely and successive Appellant’s October 6, 2013 amended rule 3.850 motion. As acknowledged by the State, Appellant’s amended motion was filed within the thirty (30) days the trial court provided for Appellant to file an amended motion with a proper oath. The trial court’s December 16, 2016 order is reversed, and the matter remanded for further proceedings on the amended motion. Reversed and remanded. Gerber, C.J., Klingensmith and Kuntz, JJ., concur.
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