Marckson v. State

District Court of Appeal of Florida

Marckson v. State

151 So. 3d 44, 2014 Fla. App. LEXIS 17622, 2014 WL 5462535

District Court of Appeal of Florida·Decided October 29, 2014·No. No. 3D14-2362·Published·Cited by 2 cases

Opinion

PER CURIAM.

Gabriel Marckson appeals from the trial court’s summary denial of his timely motion for post-conviction relief. Although we agree with the trial court’s determination that the motion was legally insufficient, we reverse and remand because, rather than entering a final order denying the motion on its merits, the trial court should have entered a non-final, non-ap-pealable order dismissing the motion with leave to amend within sixty days. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla.2007).

Reversed and remanded with directions to enter a non-final order dismissing the motion with leave to file an amended motion within sixty days.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Gabriel Marckson appeals from the trial court’s summary denial of his timely motion for post-conviction relief. Although we agree with the trial court’s determination that the motion was legally insufficient, we reverse and remand because, rather than entering a final order denying the motion on its merits, the trial court should have entered a non-final, non-ap-pealable order dismissing the motion with leave to amend within sixty days. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla.2007).

Reversed and remanded with directions to enter a non-final order dismissing the motion with leave to file an amended motion within sixty days.

Marckson v. State, 151 So. 3d 44, 2014 Fla. App. LEXIS 17622, 2014 WL 5462535 (Fla. Ct. App. 2014).

Pincite

151 So. 3d 44 (Marckson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related