Hayward v. State

District Court of Appeal of Florida

Hayward v. State

902 So. 2d 238, 2005 Fla. App. LEXIS 7054, 2005 WL 1130147

CourtDistrict Court of Appeal of Florida

DecidedMay 16, 2005

DocketNo. 1D01-3342

StatusPublished

This text of 902 So. 2d 238 (Hayward v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hayward v. State, 902 So. 2d 238, 2005 Fla. App. LEXIS 7054, 2005 WL 1130147 (Fla. Ct. App. 2005).

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Opinion

On The Court’s Own Motion

PER CURIAM.

We sua sponte withdraw our pre-man-date opinion in this case and substitute the following.

The summary denial of the appellant’s postconviction motion is reversed and the cause remanded to the trial court to permit the appellant a reasonable opportunity to demonstrate his claim is timely under Dickey v. State, 30 Fla. L. Weekly D443, — So.2d -, 2005 WL 350313 (Fla. 1st DCA Feb.15, 2005), by alleging the date his present conviction was enhanced by the challenged conviction. Cf. Nelson v. State, 875 So.2d 579 (Fla.2004). If no amendment is filed within the time allowed, then the denial can be with prejudice. Id.; Spooner v. State, 889 So.2d 900, 901 (Fla. 1st DCA 2004).

REVERSED AND REMANDED.

KAHN, WEBSTER, and HAWKES, JJ., concur.

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On The Court’s Own Motion

PER CURIAM.

We sua sponte withdraw our pre-man-date opinion in this case and substitute the following.

The summary denial of the appellant’s postconviction motion is reversed and the cause remanded to the trial court to permit the appellant a reasonable opportunity to demonstrate his claim is timely under Dickey v. State, 30 Fla. L. Weekly D443, — So.2d -, 2005 WL 350313 (Fla. 1st DCA Feb.15, 2005), by alleging the date his present conviction was enhanced by the challenged conviction. Cf. Nelson v. State, 875 So.2d 579 (Fla.2004). If no amendment is filed within the time allowed, then the denial can be with prejudice. Id.; Spooner v. State, 889 So.2d 900, 901 (Fla. 1st DCA 2004).

REVERSED AND REMANDED.

KAHN, WEBSTER, and HAWKES, JJ., concur.

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902 So. 2d 238, 2005 Fla. App. LEXIS 7054, 2005 WL 1130147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayward-v-state-fladistctapp-2005.

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