Pirie v. State

District Court of Appeal of Florida

Pirie v. State

253 So. 3d 778

CourtDistrict Court of Appeal of Florida

DecidedSeptember 28, 2018

DocketCase No. 5D18-730

StatusPublished

This text of 253 So. 3d 778 (Pirie 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.

Bluebook

Pirie v. State, 253 So. 3d 778 (Fla. Ct. App. 2018).

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Opinion

PER CURIAM.

Matthew Pirie appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. While the court properly determined that Pirie's motion was facially insufficient, it should have given him at least one opportunity to amend. See Fla. R. Crim. P. 3.850(f)(2) ("If the motion is insufficient on its face, and the motion is timely filed under this rule, the court shall enter a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion."); Spera v. State, 971 So.2d 754, 761-62 (Fla. 2007) (holding that trial court must give defendant one opportunity to amend facially deficient claims).

Accordingly, we reverse the summary denial and remand with directions that the court strike Pirie's motion and grant him sixty days to file an amended motion if he can do so in good faith.

REVERSED and REMANDED.

ORFINGER, EVANDER and HARRIS, JJ., concur.

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PER CURIAM.

Matthew Pirie appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. While the court properly determined that Pirie's motion was facially insufficient, it should have given him at least one opportunity to amend. See Fla. R. Crim. P. 3.850(f)(2) ("If the motion is insufficient on its face, and the motion is timely filed under this rule, the court shall enter a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion."); Spera v. State, 971 So.2d 754, 761-62 (Fla. 2007) (holding that trial court must give defendant one opportunity to amend facially deficient claims).

Accordingly, we reverse the summary denial and remand with directions that the court strike Pirie's motion and grant him sixty days to file an amended motion if he can do so in good faith.

REVERSED and REMANDED.

ORFINGER, EVANDER and HARRIS, JJ., concur.

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Bluebook (online)

253 So. 3d 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pirie-v-state-fladistctapp-2018.

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