Gunn v. State

947 So.2d 551 (2006)

Dexter GUNN, Appellant,

v.

STATE of Florida, Appellee.

No. 4D06-3915.

District Court of Appeal of Florida, Fourth District.

December 27, 2006.

Rehearing Denied February 20, 2007.

Dexter Gunn, Punta Gorda, pro se.

No appearance required for appellee.

We affirm the trial court's summary denial of the motion for postconviction relief, but not its dismissal. We agree with the defendant that a trial court should review the merits of a postconviction motion, even if untimely, which raises a jurisdictional issue that was not previously considered on the merits. See Brown v. State, 917…