AL D. PRINCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed and remanded because the trial court erred in denying the appellant's opportunity to amend a facially insufficient postconviction motion and failed to consider three new claims submitted in an amended motion before ruling on the original motion.
A trial court must allow a Rule 3.850 movant to amend a facially insufficient postconviction motion and consider new claims submitted in an amended motion if the court has not yet ruled on the merits of the original motion.
[1] A trial court must permit a Rule 3.850 movant to amend a facially insufficient postconviction motion and consider new claims in an amended motion if the court has not yet…
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Join FLexlaw to unlock all legal intelligenceThe trial court deemed the appellant's first postconviction motion facially insufficient and denied it without allowing amendment. The appellant submi…
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The state concedes that the trial court should have allowed the appellant to amend his first postconviction motion, deemed facially insufficient by the trial court, rather than denying it. See Spera v. State, 971 So.2d 754 (Fla.2007). The state further concedes that the trial court should have considered the three new claims submitted in an amended motion because the trial court had not yet ruled on the original motion. See Hyacinthe v. State, 940 So.2d 1280, 1281 (Fla. 4th DCA 2006) (stating that “[A] 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.”). We therefore reverse and remand with directions that the trial court allow the appellant to amend his first claim to attempt to make it facially sufficient, and also for the trial court to consider the three claims submitted in the amended motion. If the court finds any of those three claims to be facially insufficient the appellant should be afforded one opportunity to amend any of these three claims. See Spera; Nelson v. State, 977 So.2d 710 (Fla. 1st DCA 2008) (noting that “Spera does not mandate repeated opportunities” for a defendant to amend facially insufficient claims).
REVERSED and REMANDED.
PADOVANO, LEWIS, and CLARK, JJ., concur.
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Citator
Cited By
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Figueroa v. State, 128 So. 3d 897 (Fla. 4th DCA 2013)…r post-conviction relief is itself filed within the two-year period, the trial court is obligated to consider the amendment on the merits. Fla. R. Crim. P. 3.850(b). See Hyacinthe v. State, 940 So. 2d 1280, 1281 (Fla. 4th DCA 2006); Prince v. State, 75 So. 3d 349 (Fla. 1st DCA 2011). The trial court failed to do so. Accordingly, we reverse the trial court’s order on rehearing denying Appellant’s post-conviction relief motion, remand for consideration of Appellant’s amended motion and for further proceedings…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Nelson v. State, 977 So. 2d 710 (Fla. 1st DCA 2008)
- Nedor Hyacinthe v. State, 940 So. 2d 1280 (Fla. 4th DCA 2006)