ROBERT ANDRE LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the defendant's motion for postconviction relief was facially insufficient due to a lack of factual basis for the claims.
Robert Andre Lewis appealed the summary denial of his motion for postconviction relief, which alleged ineffective assistance of counsel. The motion co…
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PER CURIAM.
Robert Andre Lewis appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial court denied the motion because it found that the motion was facially insufficient. We affirm.
Lewis, through counsel, fisted five actions by trial counsel that he characterized as ineffective assistance of counsel. Each claim is merely one sentence. A cursory review of case law would have revealed to counsel for Lewis the information that he should have included in the motion to state a facially sufficient claim. However, no factual basis is provided for any of the claims, thereby making a substantive evaluation of the allegations impossible for both this court and for the trial court.
Lewis’ motion was timely filed, but the two-year limit for fifing rule 3.850 motions expired while the facially insufficient motion, filed by his attorney, was pending. Accordingly, we direct that Lewis may file another rule 3.850 claim within thirty days of the date of this opinion, and it shall not be deemed successive or untimely by the trial court.
Affirmed.
BLUE, A.C.J., and GREEN and STRINGER, JJ., concur.
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Henry v. State, 933 So. 2d 28 (Fla. 2d DCA 2006)…ing and the postconviction court’s order did not indicate Henry could refile a facially sufficient rule 3.850 motion, we direct that Henry may file another rule 3.850 motion within thirty days of the date of this court’s mandate. See Lewis v. State, 777 So. 2d 1083 (Fla. 2d DCA 2001). The postconviction court shall not deem it untimely or successive based upon the motion Henry filed in this proceeding. Affirmed. CASANUEVA, KELLY, and WALLACE, JJ., Concur.…
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Marquell L. Stevens v. State, 947 So. 2d 1227 (Fla. 2d DCA 2007)…motion expired while the motion was pending. In such circumstances, dismissal should be without prejudice and the court should provide the mov-ant with an opportunity to file another rule 3.850 motion to correct the deficiencies. Cf. Lewis v. State, 777 So. 2d 1083 (Fla. 2d DCA 2001).…
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Williams v. State, 844 So. 2d 700 (Fla. 2d DCA 2003)…hat Williams may file another rule 3.850 motion within thirty days of the date of this court’s mandate, and the trial court shall not deem it untimely or deem it successive based upon the motion Williams filed in this proceeding. See Lewis v. State, 777 So. 2d 1083 (Fla. 2d DCA 2001); Lanier v. State, 800 So. 2d 242, 243 (Fla. 2d DCA 2001). Affirmed. FULMER and KELLY, JJ., concur.…
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