Black v. State

CONFESSION OF ERROR

The appellant, Milton Montaque Black, appeals the denial of his first motion for post-conviction relief, made pursuant to rule 3.850, Florida Rules of Criminal Procedure, as untimely. Upon the state’s appropriate and commendable confession of error, we reverse and remand for further proceedings.

On June 24, 1997, the appellant pled nolo contendere to three third degree felonies and was sentenced to five years as an habitual violent offender on each count, to run concurrently. The appellant took no direct appeal of the judgment or sentence. Rather, on June 29, 1999, appellant…