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John D. Brick v. State

144 So. 3d 698, 2014 WL 4082631, 2014 Fla. App. LEXIS 12813
CourtDistrict Court of Appeal of Florida
DecidedAugust 20, 2014
Docket4D14-1313
StatusPublished

This text of 144 So. 3d 698 (John D. Brick 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
John D. Brick v. State, 144 So. 3d 698, 2014 WL 4082631, 2014 Fla. App. LEXIS 12813 (Fla. Ct. App. 2014).

Opinion

PER CURIAM.

We reverse the trial court’s order which summarily denied appellant’s rule 3.850 motion for postconviction relief without ordering a response, without attachments, and without explanation. The State in this appeal concedes that although the motion was facially insufficient, the trial court should have dismissed the motion with leave to amend. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754, 761 (Fla.2007). We agree and remand this matter for further proceedings consistent with rule 3.850(f)(2).

Reversed and Remanded.

DAMOORGIAN, C.J., MAY and CONNER, JJ., concur.

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Related

Spera v. State
971 So. 2d 754 (Supreme Court of Florida, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
144 So. 3d 698, 2014 WL 4082631, 2014 Fla. App. LEXIS 12813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-d-brick-v-state-fladistctapp-2014.