Marckson v. State
This text of 151 So. 3d 44 (Marckson 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.
Opinion
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
Related
Cite This Page — Counsel Stack
151 So. 3d 44, 2014 Fla. App. LEXIS 17622, 2014 WL 5462535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marckson-v-state-fladistctapp-2014.