REID WELCH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court affirmed the trial court's order denying post-conviction relief because the appellant refused the opportunity to amend his motion.
Appellant sought post-conviction relief. The trial court denied his motion without prejudice, intending to allow amendment. The State confessed error …
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Appellant, Reid Welch, appeals from the trial court’s April 17, 2014, order denying, without prejudice, Welch’s Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief.
Although the State properly confessed error — based on Rodriguez v. State, 45 So.3d 938, 939 (Fla. 3d DCA 2010), and Alfonso v. State, 35 So.3d 978, 979 (Fla. 3d DCA 2010),1,2 — given Welch’s position that, “I positively refuse [the] ‘opportunity’ to amend the postconviction motion,” we affirm the order on appeal.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rodriguez v. State, 45 So. 3d 938 (Fla. 3d DCA 2010)
- Rosevelt R. Perry v. State, 35 So. 3d 978 (Fla. 3d DCA 2010)
- Alfonso v. State, 35 So. 3d 978 (Fla. 3d DCA 2010)