GABRIEL MARCKSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2014-10-29
No. 3D14-2362
Before WELLS, EMAS and LOGUE, JJ.
151 So. 3d 44 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Gabriel Marckson appeals from the trial court’s summary denial of his timely motion for post-conviction relief. Although we agree with the trial court’s determination that the motion was legally insufficient, we reverse and remand because, rather than entering a final order denying the motion on its merits, the trial court should have entered a non-final, non-ap-pealable order dismissing the motion with leave to amend within sixty days. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla.2007).

Reversed and remanded with directions to enter a non-final order dismissing the motion with leave to file an amended motion within sixty days.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Daniels v. State, 187 So. 3d 862 (Fla. 5th DCA 2015)
    …[*863] PER CURIAM.. . AFFIRMED. See Smith v. State, 151 So. 3d 44 (Fla. 1st DCA 2014). • ORFINGER, TORPY and'WALLIS, JJ., concur.…
  • Smith v. State, 248 So. 3d 188 (Fla. 1st DCA 2018)
    …ial court improperly designated him as a Prison Releasee Reofffender, because he had not been released from prison within three years of the date he committed the manslaughter. The trial court denied the claim. This court affirmed in Smith v. State, 151 So. 3d 44 (Fla. 1st DCA 2014), rev. denied, 163 So. 3d 513 (Fla. 2015), where we held that Appellant did qualify for the designation as a Prison Releasee Reoffender, based on his return to prison for a violation of conditional release and his subsequent secon…
  • Brown v. State, 252 So. 3d 332 (Fla. 3d DCA 2018)
    …a. 2007) to permit the movant an opportunity to amend within 60 days to state a legally sufficient claim. See, e.g., Charles v. State, 193 So. 3d 46 (Fla. 3d DCA 2016); Williams v. State, 175 So. 3d 349 (Fla. 3d DCA 2015); and Marckson v. State, 151 So. 3d 44 (Fla. 3d DCA 2014). Affirmed in part and reversed in part. 2…

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