John L. Smith v. State of Florida

CONFESSION OF ERROR

PER CURIAM.

We reverse the order denying appellant’s postconviction motion seeking additional jail credit. As the State concedes in response to this Court’s order to show cause, the motion was filed on November 19, 2013, which was within the one-year grace period provided for-in Florida Rule of Criminal Procedure 3.801(b). The grace period did not close until July 1, 2014. The trial court erred in denying the motion as untimely under rule 3.801. This matter is remanded for further proceedings.

Reversed and Remanded.

CIKLIN, C.J., STEVENSON and TAYLOR, JJ., concur.