RAPHAEL G. SURINACH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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An amended motion for postconviction relief is timely if it merely enlarges on claims raised in the original timely motion.
Appellant filed a timely rule 3.850 motion and later an amended motion outside the two-year limit. The trial court struck the amended motion as untime…
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Raphael G. Surinach appeals the order striking as untimely his amended motion filed under Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.
After his judgment and sentences became final, Surinach filed a timely rule 3.850 motion. He then filed an amended motion over a year later and outside of the two-year time limit for filing rule 3.850 motions. See Fla. R.Crim. P. 3.850(b). In the order striking the amended motion as untimely, the postconviction court stated that it did not become aware of Surinach’s original motion until he filed his amended motion and that it would be ruling on the original motion in a later order. However, the court gave no indication that it had considered whether the amended motion enlarged on claims made in the timely original motion or whether it solely raised new claims. Surinach asserted in ground two of his amended motion that it relates back to a claim in his original motion. The original motion is not part of the record in this appeal.
Amended motions for postconviction relief are subject to the two-year time limit for filing rule 3.850 motions unless they merely enlarge an issue or issues raised in the original motion. See Lanier v. State, 826 So.2d 460, 461 (Fla. 1st DCA 2002) (holding that the two-year time limit for filing rule 3.850 motions does not preclude untimely amended motions that enlarge on the claims raised in the timely motion); *96 see also Jumper v. State, 903 So.2d 264, 266 (Fla. 2d DCA 2005).
Accordingly, we reverse and remand for the postconviction court to determine whether there are claims in the amended motion that it should address on the merits because they enlarge upon claims in the original motion. New claims should again be stricken for untimeliness.
Reversed and remanded with directions.
KHOUZAM and SLEET, JJ., Concur.
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Cooper v. State, 126 So. 3d 439 (Fla. 4th DCA 2013)…ded rule 3.850 motion. An amended rule 3.850 motion filed before the circuit court has ruled, which merely enlarges or expands on issues raised in a timely-filed original rule 3.850 motion, should not be dismissed as untimely. See Surinach v. State, 110 So. 3d 95, 95 (Fla. 2d DCA 2013) (“Amended motions for postconviction relief are subject to the two-year time limit for filing rule 3.850 motions unless they merely enlarge an issue or issues raised in the original motion”) (emphasis added; citation omitted);…
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Lawrence v. State, 149 So. 3d 1162 (Fla. 1st DCA 2014)…and that none of the exceptions to the two-year time limitation in rule 3.850 are applicable to this claim. See Fla. R. Crim. P. 3.850(b) (providing for a two-year time limitation in which to file a postconviction claim); see also Surinach v. State, 110 So. 3d 95, 95 (Fla. 2d DCA 2013) (“Amended motions for postconviction relief are subject to the two-year time limit for filing rule 3.850 motions unless they merely enlarge an issue or issues raised in the original motion.”). To the extent that Appellant argu…
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Matthews v. State (Fla. 2d DCA 2023)…' judgments and sentences finalized, the court properly considered them because they merely expanded the claims that Matthews had originally raised in his timely motion for postconviction relief. See Fla. R. Crim. P. 3.850(b); Surinach v. State, 110 So. 3d 95, 95 (Fla. 2d DCA 2013) ("Amended motions for postconviction relief are subject to the two-year time limit for filing rule 3.850 motions unless they merely enlarge an issue or issues raised in the original motion."). The postconviction court stru…
Authorities Cited
- Rasheed Randolph v. State, 903 So. 2d 264 (Fla. 2d DCA 2005)
- Lanier v. State, 826 So. 2d 460 (Fla. 1st DCA 2002)
- Bradd Dixon v. State, 826 So. 2d 460 (Fla. 1st DCA 2002)