Tracey Mackey v. State

• Court: District Court of Appeal of Florida
• Decided: June 5, 2017
• Docket: 5D17-133
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

TRACEY MACKEY,

Appellant,

v. Case No. 5D17-133

STATE OF FLORIDA,

Appellee.

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Opinion filed June 9, 2017

3.850 Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Judge.

Tracey Mackey, Wewahitchka, pro se.

Pamela Jo Bondi, Attorney General, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Tracey Mackey appeals the summary denial of his rule 3.850 motion. The claims

raised in Mackey’s motion were facially insufficient. Rather than denying Mackey’s

motion, the trial court should have allowed him sixty days to amend his motion. 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.”). We reverse the trial court’s summary denial order and remand for the trial court to

provide Mackey sixty days to amend his motion.

REVERSED and REMANDED with instructions.

COHEN, C.J., and EVANDER and LAMBERT, JJ., concur.