Watson v. State
732 So. 2d 469, 1999 Fla. App. LEXIS 6693, 1999 WL 314137
Procedural entryThis page is a short order in Watson v. State. Read the opinion of the Court — 693 So. 2d 69 →
Opinion
The trial court erred when it denied appellant’s motion to amend his motion for post-conviction relief as untimely filed. In Bradford, v. State, 701 So.2d 899 (Fla. 4th DCA 1997), we held:
[W]hile the amended motion was not untimely in the jurisdictional sense, it was untimely from the standpoint of judicial administration since it was first presented at the evidentiary hearing. Nevertheless, in this circumstance, the trial court erred in failing to continue the evidentiary hearing on the original 3.850 motion until such time as the claims raised in the amended motion could also be considered.
Id. at 900.
As in Bradford, we reverse and remand this cause with instructions to the trial court to consider appellant’s claims of ineffective assistance of counsel as alleged in his original and amended motion for post-conviction relief.
REVERSED and REMANDED.
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Watson v. State, 732 So. 2d 469, 1999 Fla. App. LEXIS 6693, 1999 WL 314137 (Fla. Ct. App. 1999).
732 So. 2d 469 (Watson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Bradford v. State
701 So. 2d 899 (District Court of Appeal of Florida, 1997)