LOPEZ
v.
STATE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Third District Court of Appeal reversed a lower court's order that summarily denied a defendant's motion for jail credit. The appellate court found the lower court erred by not allowing the defendant an opportunity to amend his facially insufficient motion.
Yes, the trial court erred by summarily denying the motion without allowing Lopez an opportunity to amend it.
[1] A trial court must grant a defendant leave to amend a facially insufficient post-conviction motion for correction of jail credit under Florida Rule of Criminal Procedure…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“As the State properly and commendably concedes, however, the trial court erred by denying Lopez’s motion without giving him leave to amend the motion.”
Establishes the basis for the appellate court's reversal, acknowledging the State's concession of error.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHector Lopez, the defendant, filed a motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801. The trial court summarily de…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal
State of Florida
Opinion filed May 22, 2019.
________________
No. 3D18-2623 Lower Tribunal No. 14-9874
________________
Hector Lopez,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Martin Zilber, Judge.
Hector Lopez, in proper person.
Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.
Before LOGUE, SCALES and HENDON, JJ.
ON PARTIAL CONFESSION OF ERROR
PER CURIAM.
Hector Lopez, the defendant below, appeals an order summarily denying his
Florida Rule of Criminal Procedure 3.801 motion for correction of jail credit.
Lopez’s motion is facially insufficient because the motion is not under oath and otherwise fails to contain the contents required by rule 3.801(c). As the State properly and commendably concedes, however, the trial court erred by denying
Lopez’s motion without giving him leave to amend the motion. See Fla. R. Crim. P. 3.801(e) (incorporating the amendment procedure under Florida Rule of
Criminal Procedure 3.850(f)(2) for timely but facially insufficient post-conviction motions); Belanger v. State, 146 So. 3d 136, 137 (Fla. 3d DCA 2014).
Accordingly, we reverse the order under review to allow Lopez to file a facially sufficient rule 3.801 motion within sixty days of the issuance of this Court’s mandate. See Belanger, 146 So. 3d at 137.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lloyd v. State (Fla. 3d DCA 2024)
Authorities Cited
- Belanger v. State, 146 So. 3d 136 (Fla. 3d DCA 2014)