JIMMY KLINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court erred in denying a rule 3.850 postconviction relief motion without allowing the defendant to amend it before ruling, requiring reversal and remand.
A trial court must allow amendment of a rule 3.850 motion prior to ruling when the defendant files a timely motion for leave to amend before the court rules and before the limitations period expires.
[1] A trial court must permit amendment of a rule 3.850 postconviction relief motion prior to ruling when the defendant files a motion requesting leave to amend before the co…
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Join FLexlaw to unlock all legal intelligenceKline filed a rule 3.850 postconviction relief motion on March 23, 2003, and subsequently filed a motion requesting leave to amend on June 8, 2003. Th…
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PER CURIAM.
Appellant challenges the trial court’s summary denial of his rule 3.850 motion for postconviction relief. Appellant originally filed his motion on March 23, 2003. He subsequently filed a motion requesting leave to amend on June 8, 2003. Without addressing the motion to amend, the trial court denied Appellant’s motion on June 6, 2003. Because we find that the trial court erred in ruling on Appellant’s motion without allowing amendment, we reverse and remand.
A rule 3.850 motion may be amended at any time prior to the trial court’s ruling as long as the amended motion is filed within the two-year limitations period prescribed by rule 3.850(b). Gaskin v. State, 737 So. 2d 509, 518 (Fla.1999). Similarly, when a defendant files a motion requesting leave to amend before the trial court rules and before the limitations period expires, the trial court must allow the amendment prior to ruling on the motion. Beard v. State, 827 So. 2d 1021 (Fla. 2d DCA 2002). Accordingly, we reverse the trial court’s denial of Appellant’s original motion. On remand, Appellant shall be allowed to amend his original motion and the trial court should rule on the amended motion without reference to its previous order. REVERSED and REMANDED.
BOOTH, BENTON and LEWIS, JJ., concur.
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Prestano v. State, 176 So. 3d 1280 (Fla. 5th DCA 2015)…enlargement of time as moot. We reverse. “A rule 3.850 motion may be amended at any time prior to the trial court’s ruling as long as the amended motion is filed within the two-year limitations period prescribed by rule 3.850(b).” Kline v. State, 858 So. 2d 1257, 1257 (Fla. 1st DCA 2003) (citing Gaskin v. State, 737 So. 2d 509, 518 (Fla.1999)). “Similarly, when a defendant files a motion requesting leave to amend before the trial court rulés and before the limitations period expires, the trial court must al…
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Juarbe v. State, 88 So. 3d 195 (Fla. 3d DCA 2011)…PER CURIAM. Affirmed. See Gaskin v. State, 737 So. 2d 509, 517-18 (Fla.1999); Rincon v. State, 996 So. 2d 922, 923 (Fla. 4th DCA 2008); Kline v. State, 858 So. 2d 1257 (Fla. 1st DCA 2003); Lanier v. State, 826 So. 2d 460, 461 (Fla. 1st DCA 2002).…
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Odom v. State, 194 So. 3d 565 (Fla. 1st DCA 2016)…ve allowed appellant to amend his postconviction motion to raise this timely double jeopardy claim. Accordingly, we reverse and remand with directions that the trial court consider appellant’s double jeopardy claim on the merits. See Kline v. State, 858 So. 2d 1257 (Fla. 1st DCA 2003) (holding that where a defendant files a motion requesting leave to amend a postconviction motion before the trial court rules and before the limitations period expires, the trial court must allow the amendment pri- or to ruling o…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gaskin v. State, 737 So. 2d 509 (Fla. 1999)
- Beard v. State, 827 So. 2d 1021 (Fla. 2d DCA 2002)