Armstrong v. State

989 So.2d 1291 (2008)

Duane ARMSTRONG, Appellant,

v.

STATE of Florida, Appellee.

No. 4D08-1024.

District Court of Appeal of Florida, Fourth District.

September 17, 2008.

Duane Armstrong, Moore Haven, pro se.

Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

Appellant Duane Armstrong timely appeals the order dismissing as untimely his refiled rule 3.850 motion for postconviction relief. Because the order dismissing his original motion did not specify a deadline for refiling, we reverse.

Armstrong was convicted and…