JOSEPH v. STATE (2018)

District Court of Appeal of Florida, Fourth District.

Perry JOSEPH, Appellant, v. STATE of Florida, Appellee.

No. 4D17–291

Decided: January 10, 2018

Michael B. Cohen of Michael B. Cohen, P.A., Fort Lauderdale, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

ON CONFESSION OF ERROR

We accept the State's concession that the trial court erred in denying as untimely and successive Appellant's October 6, 2013 amended rule 3.850 motion. As acknowledged by the State, Appellant's amended motion was filed within the thirty (30) days the trial court provided for Appellant to file an amended motion with a proper oath. The trial court's December 16, 2016 order is reversed, and the matter remanded for further proceedings on the amended motion.

Reversed and remanded.

Per Curiam.

Gerber, C.J., Klingensmith and Kuntz, JJ., concur.

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