CARLOS MONTESINOS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2011-11-16
No. 3D11-2687
Before RAMIREZ, LAGOA, and EMAS, JJ.
77 So. 3d 726 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 4 cases
Topics
Amendment Of Motion Belated Appeal Motion For Postconviction Relief Postconviction Relief

Explore caselaw by topic → Browse Amendment Of Motion cases and more on FLexlaw

Opinion of the Court
RAMIREZ, J.

RAMIREZ, J.

We treat Carlos Montesinos’ petition for belated appeal as an appeal from the summary denial of his postconviction relief under Florida Rule of Criminal Procedure 3.850, and reverse for a determination on the merits.

After a trial, Montesinos was convicted and sentenced to life imprisonment. His appeal from the conviction and sentence was affirmed by this Court and the mandate was issued on January 9, 2008. Montesinos v. State, 972 So.2d 193 (Fla. 3d DCA 2007). Thereafter, Montesinos filed a motion for postconviction relief under Rule 3.850, which subsequently he attempted to amend. Within the two-year period, Montesinos requested an extension of time to file the amended motion. However, the trial court denied his request and has not ruled on the amended motion which Montesinos nonetheless filed. Under Spera v. State, 971 So.2d 754 (Fla.2007), Montesinos was entitled to amend his postconviction motion. Accordingly, we reverse and remand for the trial court to determine the merits of Montesinos’ postconviction motion.

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Montesinos v. State, 143 So. 3d 1055 (Fla. 3d DCA 2014)
    …er in violation of this order. See Pettway v. McNeil 987 So. 2d 20 (Fla.2008). . See Montesinos v. State, No. 3D12-2873, 2013 WL 1846893 (Fla. 3d DCA May 1, 2013) (table) (affirming denial of motion for post-conviction relief); Montesinos v. State, 77 So. 3d 726 (Fla. 3d DCA 2011) (reversing summary denial of motion for postconviction relief for determination on merits); Montesinos v. State, 53 So. 3d 1099 (Fla. 3d DCA 2011) (affirming denial of motions for postconviction relief in Case Numbers 3D10-655, 3D…
  • Montesinos v. State, 183 So. 3d 403 (Fla. 3d DCA 2014)
    …944.279(1), Fla. Stat. (2013). Affirmed; show cause order issued. . This case marks Montesinos’ eleventh pro se appeal or original proceeding with this court related to case number 03-28869B. With the exception of one case—Montesinos v. State, 77 So. 3d 726, 727 (Fla. 3d DCA 2011), wherein this court reversed strictly on a procedural ground — this court has affirmed the trial court or otherwise denied Montesinos relief on appeal.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw