Nunez-Leal v. State

MORRIS, Judge.

Upon consideration of Appellant’s motion for rehearing filed September 6, 2011, it is

ORDERED the Appellant’s motion for rehearing is granted to the extent that the opinion filed July 27, 2011, is withdrawn and the following revised opinion is substituted therefor. The Appellant’s motion for rehearing en banc is stricken.

Jorge Alberto Nunez-Leal appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, which the postconviction court found was untimely. We reverse and remand for further proceedings on one claim…