Timothy L. Green v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TIMOTHY LEON GREEN , Appellant, v. Case No. 5D14-2438 STATE OF FLORIDA , Appellee. ________________________________/ Opinion filed December 19, 2014 3.850 Appeal from the Circuit Court for Orange County, Wayne C. Wooten, Judge. Timothy Leon Green, Lake Butler, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Timothy Leon Green (defendant) appeals the order entered by the trial court summarily denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We find no error in the trial court's denial of the grounds raised in the defendant's original post-conviction motion and its denial, as untimely, of the defendant's second supplement to that motion. However, the defendant's first supplement to his original motion was timely filed, but the trial court failed to address the grounds raised therein. Accordingly, we affirm the denial of the original motion and the second-supplemental motion, but reverse for the trial court's consideration of the grounds raised in the defendant's first-supplemental motion. AFFIRMED in part; REVERSED in part; and REMANDED. PALMER, BERGER and WALLIS, JJ., concur. 2
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