Thornton v. State

District Court of Appeal of Florida

Thornton v. State

164 So. 3d 126, 2015 Fla. App. LEXIS 6875, 2015 WL 2139127

District Court of Appeal of Florida·Decided May 8, 2015·No. 2D14-5297·Published

Opinion

LUCAS, Judge.

The post conviction court denied Sammy Thornton’s untimely motion for extension of time to file an amended motion under Florida Rule of Criminal Procedure 3.850 and then summarily denied the untimely filed amended motion. We find no abuse of discretion on the part of the postconviction court and accordingly affirm. See Fla. R. Crim. P. 3.850(f)(2) (“[I]f the defendant fails to file an amended motion within the time allowed for such amendment, the court, in its discretion, may permit the' defendant an additional opportunity to amend the motion or may enter a final, appealable order summarily denying the motion with prejudice.”).

Affirmed.

CASANUEVA and MORRIS, JJ., Concur.

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LUCAS, Judge.

The post conviction court denied Sammy Thornton’s untimely motion for extension of time to file an amended motion under Florida Rule of Criminal Procedure 3.850 and then summarily denied the untimely filed amended motion. We find no abuse of discretion on the part of the postconviction court and accordingly affirm. See Fla. R. Crim. P. 3.850(f)(2) (“[I]f the defendant fails to file an amended motion within the time allowed for such amendment, the court, in its discretion, may permit the' defendant an additional opportunity to amend the motion or may enter a final, appealable order summarily denying the motion with prejudice.”).

Affirmed.

CASANUEVA and MORRIS, JJ., Concur.

Thornton v. State, 164 So. 3d 126, 2015 Fla. App. LEXIS 6875, 2015 WL 2139127 (Fla. Ct. App. 2015).

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