Legal Opinion
Cabrera v. State
District Court of Appeal of Florida
Decided November 13, 1998No. 98-02572PublishedCited by 9 opinions
1Opinion of the Court
721 So.2d 1190 (1998)
Jose A. CABRERA, Appellant,
v.
STATE of Florida, Appellee.
No. 98-02572.
District Court of Appeal of Florida, Second District.
November 13, 1998.
2Per curiam
Jose Cabrera appeals the dismissal of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court dismissed Cabrera's motion as untimely and for failing to contain a brief statement of the facts upon which Cabrera relied. Neither of these reasons was sufficient to justify the order of dismissal. Therefore, we reverse and remand for the trial court to consider the merits of Cabrera's motion.
Cabr…
3Cases cited3 opinions
- Huff v. StateSupreme Court of Florida · 1990
- Ranaldson v. StateDistrict Court of Appeal of Florida · 1996
- Wallace v. StateDistrict Court of Appeal of Florida · 1985
4Cited by9 opinions
- Small v. StateDistrict Court of Appeal of Florida · 2006
- Bryant v. StateDistrict Court of Appeal of Florida · 1999
- Crescenzo v. StateDistrict Court of Appeal of Florida · 2008
- Edwards v. StateDistrict Court of Appeal of Florida · 2001
- Thomas v. StateDistrict Court of Appeal of Florida · 2001
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