Pagan v. State

899 So.2d 1203 (2005)

Carlos PAGAN, Appellant,

v.

STATE of Florida, Appellee.

No. 2D04-3992.

District Court of Appeal of Florida, Second District.

April 15, 2005.

SILBERMAN, Judge.

Carlos Pagan appeals the trial court's summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied relief on the basis that the motion was untimely. Because a factual question exists as to whether Pagan's motion was timely filed, we reverse and remand for the trial court to hold an evidentiary hearing.

On March 26, 2004, Pagan filed a motion to…