Robert Easley v. State of Florida

District Court of Appeal of Florida

Robert Easley v. State of Florida

169 So. 3d 208, 2015 Fla. App. LEXIS 9568, 2015 WL 3876512

District Court of Appeal of Florida·Decided June 24, 2015·No. 4D15-1018·Published

Opinion

PER CURIAM.

Robert Easley appeals an order dismissing his rule 3.850 motion for exceeding fifty pages. Appellant’s motion and amended motion were within the fifty-page limit. The trial court erroneously counted the attached exhibits in calculating the length of the motion. Adams v. State, 104 So.3d 1141 (Fla. 2d DCA 2012). The State *209 agrees that this case should be remanded for further proceedings.

Accordingly, we reverse the order dismissing appellant’s rule 3.850 motion and amended motion and remand for the trial court to consider the motions on the merits.

Reversed and Remanded.

GERBER, FORST and KLINGENSMITH, JJ., concur.

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PER CURIAM.

Robert Easley appeals an order dismissing his rule 3.850 motion for exceeding fifty pages. Appellant’s motion and amended motion were within the fifty-page limit. The trial court erroneously counted the attached exhibits in calculating the length of the motion. Adams v. State, 104 So.3d 1141 (Fla. 2d DCA 2012). The State *209 agrees that this case should be remanded for further proceedings.

Accordingly, we reverse the order dismissing appellant’s rule 3.850 motion and amended motion and remand for the trial court to consider the motions on the merits.

Reversed and Remanded.

GERBER, FORST and KLINGENSMITH, JJ., concur.

Robert Easley v. State of Florida, 169 So. 3d 208, 2015 Fla. App. LEXIS 9568, 2015 WL 3876512 (Fla. Ct. App. 2015).

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