NATHANIEL CARTER, JR.
v.
STATE OF FLORIDA
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An original rule 3.850 motion conveyed to prison officials for mailing on the date of its institutional mail stamp is considered filed, triggering the trial court's duty to rule upon it despite the amended motion's superseding nature.
[1] A motion for postconviction relief is considered filed on the date it is conveyed to prison officials for mailing.
[2] A trial court must rule on a postconviction motion that is properly filed, even if it was not formally docketed.
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Join FLexlaw to unlock all legal intelligence“Although this motion was not docketed with the trial court, it is considered filed on the date that it was conveyed to prison officials for mailing.”
Addressing the procedural requirement for filing postconviction motions from incarcerated inmates.
Appellant Carter filed an original rule 3.850 postconviction motion on September 29, 2015, with an institutional mail stamp. He later filed an amended…
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July 25, 2018 PER CURIAM. The Appellant, Nathaniel Carter, Jr., appeals from an order summarily denying his June 12, 2017, amended postconviction motion brought pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of that amended motion without comment. However, the record reflects that one of the Appellant’s motions for rehearing1 requested a ruling on the claims in his original rule 3.850 motion. He attached to that motion for rehearing a rule 3.850 motion bearing an institutional mail
2
stamp dated September 29, 2015. Although this motion was not docketed with the trial court, it is considered filed on the date that it was conveyed to prison officials for mailing. See Padro-Guerrero v. State, 123 So. 3d 670, 671 (Fla. 5th DCA 2013); Lawson v. State, 107 So. 3d 1228, 1228-29 (Fla. 2d DCA 2013). This September 29, 2015, rule 3.850 motion was also referenced in the amended rule 3.850 motion, which expressed the intention to add claims to a pending motion and began numbering its claims at ground five. Under these circumstances, we reverse and remand to permit the trial court to rule on the original rule 3.850 motion. See Padro-Guerrero, 123 So. 3d at 671; Molfetto v. State, 955 So. 2d 1153, 1155 (Fla. 2d DCA 2007); Sinclair v. State, 959 So. 2d 1277, 1278 (Fla. 1st DCA 2007). AFFIRMED in part, REVERSED in part, and REMANDED. WETHERELL, ROWE, and WINOKUR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Authorities Cited
- Lawson v. State, 107 So. 3d 1228 (Fla. 2d DCA 2013)
- Padro-Guerrero v. State, 123 So. 3d 670 (Fla. 5th DCA 2013)
- Cleveland Sinclair v. State, 959 So. 2d 1277 (Fla. 1st DCA 2007)
- Molfetto v. State, 955 So. 2d 1153 (Fla. 2d DCA 2007)