Lacey v. State

District Court of Appeal of Florida

Lacey v. State

221 So. 3d 689, 2017 WL 2858891, 2017 Fla. App. LEXIS 9649

District Court of Appeal of Florida·Decided July 5, 2017·No. No. 4D17-0666·Published

Opinion

Per Curiam.

Appellant Randall Lacey appeals the summary denial of his rule 3.850 motion for post-conviction relief. The State concedes that the trial court erred in failing to allow Lacey an opportunity to amend the motion. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla. 2007). We therefore reverse and remand for the trial court to afford Lacey an opportunity to file a facially sufficient motion.

Reversed and remanded.

Taylor, Damoorgian and Conner, JJ., concur.

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Per Curiam.

Appellant Randall Lacey appeals the summary denial of his rule 3.850 motion for post-conviction relief. The State concedes that the trial court erred in failing to allow Lacey an opportunity to amend the motion. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla. 2007). We therefore reverse and remand for the trial court to afford Lacey an opportunity to file a facially sufficient motion.

Reversed and remanded.

Taylor, Damoorgian and Conner, JJ., concur.

Lacey v. State, 221 So. 3d 689, 2017 WL 2858891, 2017 Fla. App. LEXIS 9649 (Fla. Ct. App. 2017).

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