From Casetext: Smarter Legal Research

Escobar v. State

District Court of Appeal of Florida, Second District
Dec 3, 1993
630 So. 2d 203 (Fla. Dist. Ct. App. 1993)

Summary

reversing summary denial of "motion for postconviction relief" on basis of Poiteer

Summary of this case from Brown v. State

Opinion

No. 93-03622.

December 3, 1993.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Robert J. Simms, Judge.


Gerard Escobar appeals the summary denial of his motion for postconviction relief. We reverse with instructions to the circuit court to consider the motion on its merits. See Poiteer v. State, 627 So.2d 526 (Fla. 2d DCA 1993).

CAMPBELL, A.C.J., and THREADGILL and BLUE, JJ., concur.


Summaries of

Escobar v. State

District Court of Appeal of Florida, Second District
Dec 3, 1993
630 So. 2d 203 (Fla. Dist. Ct. App. 1993)

reversing summary denial of "motion for postconviction relief" on basis of Poiteer

Summary of this case from Brown v. State
Case details for

Escobar v. State

Case Details

Full title:GERARD ESCOBAR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 3, 1993

Citations

630 So. 2d 203 (Fla. Dist. Ct. App. 1993)

Citing Cases

Brown v. State

The reference in Poiteer to correcting an "unlawful" sentence at any time, is clearly just an inadvertent…