CLARENCE MOORE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2015-10-14
No. 3D15-29
-Before SUAREZ, C.J., and EMAS and SCALES, JJ.
176 So. 3d 385 Florida District Court of Appeal, Third District (2015)

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Holding

The trial court erred by not issuing a non-final order with leave to amend for certain grounds in a post-conviction relief motion.


Facts & Procedural History

Appellant sought post-conviction relief based on ineffective assistance of counsel. The trial court granted leave to amend for some grounds but appear…

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Opinion of the Court
SCALES, J.

SCALES, J.

Appellant Clarence Moore appeals the trial court’s order denying Moore’s motion seeking post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for the trial court to issue a non-final order that would allow Moore the opportunity to file an amended motion.

In his timely motion, Moore raised four grounds challenging his conviction and thirty-year sentence for attempted second-degree murder. All four grounds were based on the alleged ineffectiveness of his trial counsel. , The trial court order denying Moore’s motion specifically granted Moore leave to file an amendment with regard to two of the grounds alleged pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). -The trial court’s order ap*386peared final as to the third ground, while the fourth ground was based on the alleged cumulative effect of the other three grounds.

Pursuant to Florida Rule of Criminal Procedure 3.850(f)(2), the trial court should have issued a non-final order striking grounds one and two of the motion with leave to amend within the prescribed sixty days. See Lawrence v. State, 987 So.2d 157 (Fla. 2d DCA 2008) (holding that the purpose of issuing a non-final order with leave to amend is to limit post-conviction claims to a single proceeding, resulting in a single final order on the merits).

Accordingly, we reverse the order on appeal and remand for the entry of such an order, granting Moore sixty days with which to amend grounds one and two of the motion. If Moore does not timely amend his motion, the trial court may then enter a final order that is a disposition on the merits of all of Moore’s claims. If Moore files an amended motion, the trial court should consider the amendment and proceed accordingly, and thereafter render a single, final, appealable order.

Reversed and remanded.


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