JOSEPH SAL MANCINO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH SAL MANCINO, APPELLANT,
STATE OF FLORIDA, APPELLEE
986 So. 2d 662
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the order of the trial court dismissing Joseph Sal Mancino’s amended rule 3.850 motion. The case is remanded for the trial court to consider the substance of the forty-two page motion. We have considered the State’s citation to Spera v. State, 971 So. 2d 754, 761 (Fla. 2007), but find its application premature.
Reversed and remanded.
SHAHOOD, C.J., STEVENSON and DAMOORGIAN, JJ., concur.
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Citator
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J.S. v. Fla. Dep't OF Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009)…ng these rulings. We previously reversed and remanded both orders for lack of sufficient factual findings. Guardian ad Litem Program v. Fla. Dep’t of Children & Families, 986 So. 2d 661 (Fla. 1st DCA 2008); J.S. v. Fla. Dep’t of Children & Families, 986 So. 2d 662 (Fla. 1st DCA 2008). On remand, the trial court entered amended orders with the same dispositions as the previous orders, but with expanded factual findings. In the amended order terminating the mother’s rights, the trial court found that the Depar…
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Mancino v. State, 10 So. 3d 1203 (Fla. 4th DCA 2009)…the order of the trial court that denied, with prejudice, Joseph Sal Mancino’s motion for postconviction relief. Through a previous appeal, the case was remanded for consideration of the substance of the forty-two page motion. See Mancino v. State, 986 So. 2d 662 (Fla. 4th DCA 2008). We had been directed to Spera v. State, 971 So. 2d 754, 761 (Fla.2007), but found its application premature. In Spera, the Florida Supreme Court determined that a trial court abuses its discretion when it fails to provide a post…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)