LIVINGSTON JARROD WINTERS vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: July 8, 2022
• Docket: 22-0818
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

LIVINGSTON JARROD WINTERS,

Appellant,

v. Case No. 5D22-818 LT Case No. 2017-CF-1649

STATE OF FLORIDA,

Appellee.

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Opinion filed July 8, 2022

3.850 Appeal from the Circuit Court for Putnam County, Alicia R. Washington, Judge.

Matthew R. McLain, of McLain Law, P.A., Longwood, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Livingston Jarrod Winters appeals the summary denial of his motion

for postconviction relief filed pursuant to Florida Rule of Criminal Procedure

3.850. We affirm as to Grounds Three and Four, which Winters abandoned on appeal. See Ward v. State, 19 So. 3d 1060, 1060 (Fla. 5th DCA 2009)

(en banc). We reverse, however, on Grounds One and Two because

Winters filed a timely but insufficient motion. He is therefore entitled to

amend these grounds, if he can do so in good faith. See Fla. R. Crim. P.

3.850(f)(2); see also Spera v. State, 971 So. 2d 754, 761 (Fla. 2007). We

remand with instructions for the postconviction court to allow Winters sixty

days to amend Grounds One and Two.

AFFIRMED in part, REVERSED in part, and REMANDED.

LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.