JACKIE W. WOODS
v.
STATE OF FLORIDA
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A postconviction court must correct a defendant's scrivener's error in case numbering and address the merits of the postconviction motion rather than summarily denying it when the court is aware of the correct case number and the defendant's intent.
[1] A postconviction court must correct an obvious scrivener's error in case numbering and address the merits of a Rule 3.850 motion when the court is aware of the correct ca…
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Join FLexlaw to unlock all legal intelligence“resolution of a case on its merits is preferred and postconviction relief proceedings must provide meaningful access to the judicial process.”
Court explaining the principle that postconviction motions should be decided on their merits rather than dismissed on technical grounds.
Woods filed a pro se Rule 3.850 postconviction relief motion challenging his conviction but referenced the wrong case number (2012-CF-2372-B instead o…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JACKIE W. WOODS, Appellant, v. Case No. 5D19-3216 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 27, 2020 3.850 Appeal from the Circuit Court for Marion County, Anthony M. Tatti, Judge. Matthew R. McLain, of McLain Law, P.A., Longwood, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
COHEN, J.
Jackie W. Woods appeals the summary denial of his amended Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We reverse. In August 2017, Woods filed a pro se motion for postconviction relief challenging his conviction in Marion County case number 2012-CF-2372-B. The postconviction court dismissed Woods’s motion, explaining that the case Woods referenced had been nolle prossed by the State and consolidated into case number 2012-CF-1122-B. The postconviction court attached a copy of the nolle prosequi to its dismissal order and allowed Woods sixty days to file an amended motion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Smith v. State, 100 So. 3d 201 (Fla. 2d DCA 2012)
- Davis v. State, 185 So. 3d 649 (Fla. 2d DCA 2016)