Perry Joseph v. State of Florida

District Court of Appeal of Florida

Perry Joseph v. State of Florida

174 So. 3d 1032, 2015 Fla. App. LEXIS 11733, 2015 WL 4637138

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 2015

Docket4D14-2861

StatusPublished

This text of 174 So. 3d 1032 (Perry Joseph v. State of Florida) 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.

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Perry Joseph v. State of Florida, 174 So. 3d 1032, 2015 Fla. App. LEXIS 11733, 2015 WL 4637138 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Perry Joseph appeals the denial of his amended rule 3.850 motion. The trial court denied the amended motion for lack of jurisdiction because appellant had filed an appeal of the denial of his prior post-conviction challenge. The trial court should not have denied the motion for lack of jurisdiction. See Jackman v. State, 88 So.3d 325, 327 (Fla. 4th DCA 2012). On remand, the trial court is free to consider whether the amended rule 3.850 motion is meritorious as well as whether the amended motion is procedurally barred and may be - dismissed as successive or untimely.

Reversed and remanded.

WARNER, TAYLOR and CONNER, JJ., concur.

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PER CURIAM.

Perry Joseph appeals the denial of his amended rule 3.850 motion. The trial court denied the amended motion for lack of jurisdiction because appellant had filed an appeal of the denial of his prior post-conviction challenge. The trial court should not have denied the motion for lack of jurisdiction. See Jackman v. State, 88 So.3d 325, 327 (Fla. 4th DCA 2012). On remand, the trial court is free to consider whether the amended rule 3.850 motion is meritorious as well as whether the amended motion is procedurally barred and may be - dismissed as successive or untimely.

Reversed and remanded.

WARNER, TAYLOR and CONNER, JJ., concur.

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174 So. 3d 1032, 2015 Fla. App. LEXIS 11733, 2015 WL 4637138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-joseph-v-state-of-florida-fladistctapp-2015.

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