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5D05-192 Sammie Kaiser v. State
State: Florida
Court: Florida Fifth District Court
Docket No: 5D05-192
Case Date: 04/25/2005
Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

SAMMIE LEE KAISER, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 29, 2005 3.850 Appeal from the Circuit Court for Volusia County. R. Michael Hutcheson, Judge. Sammie Lee Kaiser, Jasper, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant's Florida Rule of Criminal Procedure 3.850 motion was summarily denied as untimely. The state concedes that the motion was timely filed. Accordingly, this cause is reversed and remanded with instructions that the substance of Appellant's motion be addressed. REVERSED and REMANDED. PALMER, PETERSON and TORPY, JJ., concur. Case No. 5D05-192

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