John L. SMITH, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· March 30, 2016 · Docket No. 4D15-3413
188 So. 3d 96
Syllabus
John L. SMITH, Appellant, v. STATE of Florida, Appellee. No. 4D15-3413. District Court of Appeal of Florida, Fourth District. March 30, 2016. John L. Smith, Okeechobee, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Georgina Jiminez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.
Full Opinion (590 characters)
CONFESSION OF ERROR PER CURIAM. We reverse the order denying appellant’s postconviction motion seeking additional jail credit. As the State concedes in response to this Court’s order to show cause, the motion was filed on November 19, 2013, which was within the one-year grace period provided for-in Florida Rule of Criminal Procedure 3.801(b). The grace period did not close until July 1, 2014. The trial court erred in denying the motion as untimely under rule 3.801. This matter is remanded for further proceedings. Reversed and Remanded. CIKLIN, C.J., STEVENSON and TAYLOR, JJ., concur.
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