JOHN HENRY FORD, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOHN HENRY FORD, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-1637 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed November 6, 2013. An appeal from the Circuit Court for Duval County. Mallory D. Cooper, Judge. John Henry Ford, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Wes Paxson, III, and Jay Kubica, Assistant Attorneys General, Tallahassee, for Appellee. PER CURIAM. The trial court erred in dismissing the appellant s timely filed Florida Rule of Criminal Procedure 3.850 motion on the basis that it lacked jurisdiction to address the claims in which the appellant sought to withdraw his plea. The state concedes error. We therefore reverse the order dismissing the appellant s postconviction motion and remand for the trial court to address the claims contained therein. See Fla. R. Crim. P. 3.850. THOMAS, RAY, and MAKAR, JJ., CONCUR. 2

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