Legal Opinion

Scott Zanger v. State

District Court of Appeal of Florida

Decided September 10, 2014No. 4D14-1504Published

1Opinion of the Court

ON CONFESSION OF ERROR

2Per curiam

The State in its response to this Court concedes that the trial court erred in summarily denying appellant’s motion for post-conviction relief as untimely. The motion was timely filed. Ross v. State, 947 So.2d 699, 701 (Fla. 4th DCA 2007); Pierce v. State, 875 So.2d 726 (Fla. 4th DCA 2004) (following Snipes v. State, 843 So.2d 1043 (Fla. 2d DCA 2003)). Accordingly, we reverse and remand for consideration of the motion on the merits.

TAYLOR, MAY and FORST, JJ., concur.

3Cases cited3 opinions

  1. Snipes v. StateDistrict Court of Appeal of Florida · 2003
  2. Pierce v. StateDistrict Court of Appeal of Florida · 2004
  3. Ross v. StateDistrict Court of Appeal of Florida · 2007