TRACEY MACKEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Tracey Mackey appeals the summary denial of his rule 3.850 motion. The claims raised in Mackey’s motion were facially insufficient. Rather than denying Mackey’s motion, the trial court should have allowed him sixty days to amend his motion. See Fla. R. Crim. P. 3.850(f)(2) (“If the motion is insufficient on its face, and the motion is timely filed under this rule, the court shall enter a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion.”).
We reverse the trial court’s summary denial order and remand for the trial court to provide Mackey sixty days to amend his motion.
REVERSED and REMANDED with instructions.
COHEN, C.J., and EVANDER and ■ LAMBERT, JJ., concur.
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MacKey v. State, 236 So. 3d 504 (Fla. 5th DCA 2018)…l was ineffective for failing to call the key witness. Appellant appealed that denial, and this court reversed, finding that his original motion was facially insufficient, and that Appellant was entitled to an opportunity to amend. Mackey v. State , 219 So. 3d 1009, 1009 (Fla. 5th DCA 2017). On remand, Appellant filed the instant amended motion for postconviction relief. Although the trial court denied Appellant's original motion on the merits, this court reversed that order based on the facial insufficiency…
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MacKey v. State, 251 So. 3d 355 (Fla. 5th DCA 2018)…PER CURIAM. This is Tracey Mackey's third postconviction relief appeal to this court. In Mackey v. State , 219 So. 3d 1009 (Fla. 5th DCA 2017), this court reversed the summary denial of Mackey's postconviction motion and instructed the lower court to afford Mackey the opportunity to amend. In Mackey v. State , 236 So. 3d 504 (Fla. 5th DCA 2018), this court affirmed the…
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Mackey v. State (Fla. 5th DCA 2018)…el was ineffective for failing to call the key witness. Appellant appealed that denial, and this court reversed, finding that his original motion was facially insufficient, and that Appellant was entitled to an opportunity to amend. Mackey v. State, 219 So. 3d 1009, 1009 (Fla. 5th DCA 2017). On remand, Appellant filed the instant amended motion for postconviction relief. Although the trial court denied Appellant's original motion on the merits, this court reversed that order based on the facial insufficiency…
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