Perry JOSEPH, Appellant, v. STATE of Florida, 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.
Gerber, C.J., Klingensmith and Kuntz, JJ., concur.