5D11-2140 Otis Finch v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-2140

Case Date: 11/14/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2011

OTIS FINCH, JR., Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed November 18, 2011 3.850 Appeal from the Circuit Court for Putnam County, Terry Larue, Judge. Otis Finch, Jr., Graceville, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D11-2140

PER CURIAM. Appellant challenges the summary denial of his Florida Rule of Criminal Procedure 3.850 motion based on timeliness. We reverse. Appellant's allegation that he placed his motion in the hands of prison officials on November 19, 2010, is not refuted in the record. The fact that prison officials did not mail it until three days later is immaterial. Accordingly, we remand this cause to the trial court to consider the motion on the merits. REVERSED AND REMANDED. PALMER, TORPY and JACOBUS, JJ., concur.

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