Summary
reversing order summarily denying 3.850 motion as legally insufficient and remanding cause for trial court to permit defendant to file an amended motion within sixty days
Summary of this case from Smith v. StateOpinion
No. 3D14–2362.
10-29-2014
Gabriel MARCKSON, Appellant, v. The STATE of Florida, Appellee.
Gabriel Marckson, in proper person. Pamela Jo Bondi, Attorney General, for appellee.
Gabriel Marckson, in proper person.
Pamela Jo Bondi, Attorney General, for appellee.
Before WELLS, EMAS and LOGUE, JJ.
Opinion
PER CURIAM.
Gabriel Marckson appeals from the trial court's summary denial of his timely motion for post-conviction relief. Although we agree with the trial court's determination that the motion was legally insufficient, we reverse and remand because, rather than entering a final order denying the motion on its merits, the trial court should have entered a non-final, non-appealable order dismissing the motion with leave to amend within sixty days. See Fla. R. Crim. P. 3.850(f)(2) ; Spera v. State, 971 So.2d 754 (Fla.2007).
Reversed and remanded with directions to enter a non-final order dismissing the motion with leave to file an amended motion within sixty days.