Marvin Williams 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 MARVIN WILLIAMS, Appellant, v. Case No. 5D16-143 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 3, 2016 3.850 Appeal from the Circuit Court for Lake County, William G. Law, Jr., Judge. Edwin Ferguson, of The Ferguson Law Firm, PLLC, Riviera Beach, for Appellant. No Appearance for Appellee. PER CURIAM. The Appellant, Marvin Williams, appeals the order summarily denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion because it concluded that the motion was not timely filed. However, pursuant to Maxwell v. State, 888 So. 2d 152, 153 (Fla. 5th DCA 2004), the motion was timely filed. Accordingly, we reverse the order under review and remand this case to the trial court to consider the motion on the merits. REVERSED and REMANDED. SAWAYA, PALMER and BERGER, JJ., concur.

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