Marvin Williams v. State

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.