ALFRED SAMUELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Alfred Samuels appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. His specific challenge is to the denial of his motion to amend. We reverse both orders and remand for the trial court to permit the filing of an amended motion. A rule 3.850 movant has the right to amend or supplement a motion at any time within the two-year time limit as long as the trial court has not yet ruled on the merits of the motion. Hyacinthe v. State, 940 So. 2d 1280 (Fla. 4th DCA 2006) (citing Gaskin v. State, 737 So. 2d 509 (Fla.1999), receded, from, on other grounds, Nelson v. State, 875 So. 2d 579 (Fla.2004)).
Reversed and Remanded.
SHAHOOD, C.J., POLEN and HAZOURI, JJ., concur.
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Smith v. State, 987 So. 2d 724 (Fla. 5th DCA 2008)…at any time within the two-year time limit as long as the trial court has not yet ruled on the merits of the motion. Gaskin v. State, 737 So. 2d 509, 517-18 (Fla.1999); Oxendine v. State, 824 So. 2d 1022, 1023 (Fla. 5th DCA 2002); Samuels v. State, 973 So. 2d 662, 662 (Fla. 4th DCA 2008). AFFIRMED in part, REVERSED in part, and REMANDED. ORFINGER, TORPY, and COHEN, JJ., concur.…
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Cook v. State, 13 So. 3d 1110 (Fla. 1st DCA 2009)…App. P. 9.020(h). Accordingly, the appellant had the right to supplement his [*1111] rule 3.850 motion because it was filed within the two-year time limit and before the trial court ruled on the merits of his rule 3.850 motion. See Samuels v. State, 973 So. 2d 662 (Fla. 4th DCA 2008). REVERSED and REMANDED. ALLEN, VAN NORTWTCK, and ROBERTS, JJ., concur.…
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Jaddier T. Sanchez v. State, 82 So. 3d 1044 (Fla. 4th DCA 2011)…the issues raised in the addendum/amendment as they were raised within the two year limitations period of Florida Rule of Criminal Procedure 8.850, and because the trial court had not yet ruled on the merits of the original motion. Samuels v. State, 973 So. 2d 662 (Fla. 4th DCA 2008). We agree. Accordingly, we reverse and remand to the trial court to allow the filing of the addendum/amendment and for the trial court to consider it along with the originally filed motion for post-conviction relief. Revers…
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- Nelson v. State, 875 So. 2d 579 (Fla. 2004)
- Gaskin v. State, 737 So. 2d 509 (Fla. 1999)
- Nedor Hyacinthe v. State, 940 So. 2d 1280 (Fla. 4th DCA 2006)