McGee v. State

684 So.2d 241 (1996)

Lawrence McGEE, Appellant,

v.

STATE of Florida, Appellee.

No. 96-04445.

District Court of Appeal of Florida, Second District.

December 4, 1996.

LAZZARA, Judge.

The appellant, William McGee, seeks review of the trial court's summary denial without attachments of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Because we conclude that the trial court erroneously denied the motion on the sole basis that it was untimely filed, we reverse and remand for further proceedings.

On September 13, 1994, the appellant pleaded no contest to the offense of trafficking in…