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Kwapil v. State Of Fla. (Fla. App., 2010)

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MATTHEW KWAPIL, Petitioner, v.STATE OF FLORIDA, Respondent. Case No. 2D10-437 District Court Of AppealOf FloridaSecond District Opinion filed September 29, 2010. Matthew Kwapil, pro se. Bill McCollum, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Respondent. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED Petition for Writ of Certiorari to the Sixth Judicial Circuit Court for Pasco County; Michael F. Andrews, Judge. MORRIS, Judge. Matthew Kwapil seeks certiorari review of a circuit court order dismissing as untimely his motion to mitigate sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We conclude that the circuit court should have considered the merits of Kwapil’s motion because it was timely filed under the mailbox rule...continue to full post

Full post as published by Florida Criminal Law Opinions on September 29, 2010 (boomark / email).