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Johnson v. State

District Court of Appeal of Florida, Third District.
Nov 26, 2014
150 So. 3d 1288 (Fla. Dist. Ct. App. 2014)

Opinion

No. 3D14–2284.

11-26-2014

Jermaine JOHNSON, Appellant, v. The STATE of Florida, Appellee.

Jermaine Johnson, in proper person. Pamela Jo Bondi, Attorney General, for appellee.


Jermaine Johnson, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before WELLS, ROTHENBERG and EMAS, JJ.

Opinion

PER CURIAM.

Jermaine Johnson appeals from the trial court's order summarily denying his motion for postconviction relief, which Johnson alleges is based upon newly-discovered evidence. As the State properly concedes on appeal, the trial court should not have denied the motion on its merits; rather, given the facial insufficiency of the motion, the trial court should have entered a nonfinal, nonappeable order dismissing the motion and allowing Johnson sixty days within which to file an amended motion. See Fla. R. Crim. P. 3.850(f)(2) ; White v. State, 116 So.3d 597 (Fla. 3d DCA 2013).

We therefore reverse the order denying the motion, remand the cause for the court to enter an order which dismisses the motion as insufficient and which allows Johnson sixty days in which to file an amended motion.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Third District.
Nov 26, 2014
150 So. 3d 1288 (Fla. Dist. Ct. App. 2014)
Case details for

Johnson v. State

Case Details

Full title:Jermaine JOHNSON, Appellant, v. The STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Nov 26, 2014

Citations

150 So. 3d 1288 (Fla. Dist. Ct. App. 2014)