JERMAINE JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2014-11-26
No. 3D14-2284
Before WELLS, ROTHENBERG and EMAS, JJ.
150 So. 3d 1288 Florida District Court of Appeal, Third District (2014)


Opinion of the Court
PER CURIAM.

PER CURIAM.

Jermaine Johnson appeals from the trial court’s order summarily denying his motion for postconviction relief, which Johnson alleges is based upon newly-discovered evidence. As the State properly concedes on appeal, the trial court should not have denied the motion on its merits; rather, given the facial insufficiency of the motion, the trial court should have entered a nonfi-nal, nonappeable order dismissing the motion and allowing Johnson sixty days within which to file an amended motion. See Fla. R. Crim. P. 3.850(f)(2); White v. State, 116 So.3d 597 (Fla. 3d DCA 2013).

' We therefore reverse the order denying the motion, remand the cause for the court to enter an order which dismisses the motion as insufficient and which allows Johnson sixty days in which to file an amended motion.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw