SIMON D. SINCLAIR v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SIMON D. SINCLAIR, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. STATE OF FLORIDA, CASE NO. 1D04-4363 Appellee. ___________________________/ Opinion filed January 19, 2005. An appeal from the Circuit Court for Jackson County. William L. Wright, Judge. Appellant, pro se. Charles J. Crist, Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant challenges the trial court s order summarily denying his motion alleging ineffective assistance of counsel filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion as untimely. However, because the appellant filed his motion within two years of his conviction and sentence becoming final, we reverse the summary denial and remand for further proceedings. See Brower v. State, 701 So. 2d 433, 433 (Fla. 1st DCA 1997). REVERSED AND REMANDED. ALLEN, DAVIS and BROWNING, JJ. CONCUR. 2

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