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

District Court of Appeal of Florida·Decided August 5, 2015·No. 4D14-2861·Published

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.

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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