SANTIAGO MILIAN A/K/A SANTIAGO JIMENEZ
v.
THE STATE OF FLORIDA
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Santiago Milian appealed the summary denial of his post-conviction relief petition under Florida Rule of Criminal Procedure 3.850. The appellate court reversed and remanded because the trial court failed to rule on Milian's timely amended motion and did not enter a final, appealable order disposing of all nine claims as required by rule.
The appellate court reversed and remanded because the trial court was required to enter a final, appealable order disposing of all nine claims after the defendant timely amended his motion. The court ordered the trial court to consider the amended motion and enter appropriate final orders on both the earlier-denied claims and the amended claims.
[1] A trial court must enter a final, appealable order disposing of all claims in a Rule 3.850 post-conviction motion, including claims that have been amended within the cour…
[2] When a Rule 3.850 motion states some claims sufficiently but fails to state additional claims, the court must grant the defendant sixty days (not twenty-one days) to amen…
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Join FLexlaw to unlock all legal intelligence“the court shall enter a nonappealable order granting the defendant 60 days to amend the motion to sufficiently state additional claims for relief. Any claims disposed of in the amended motion may be reviewed only when a final, appealable order is entered”
Florida Rule of Criminal Procedure 3.850(f)(3) requirement that trial courts must allow 60 days to amend and must enter final order reviewing all claims
Milian filed a timely 3.850 post-conviction relief motion on February 16, 2021, raising nine separate claims. On May 26, 2021, the trial court denied …
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Opinion filed April 27, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-2003 Lower Tribunal No. F14-24007 ________________ Santiago Milian a/k/a Santiago Jimenez,
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, Jose L. Fernandez, Judge. Santiago Milian a/k/a Santiago Jimenez, in proper person. Ashley Moody, Attorney General, for appellee. Before EMAS, HENDON, and BOKOR, JJ. HENDON, J.
Santiago Milian, a/k/a Santiago Jimenez (“Defendant”), appeals from a summary denial of his petition for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.
The Defendant filed a timely 3.850 motion on February 16, 2021, raising nine separate claims. On May 26, 2021, the trial court denied claims three through eight with prejudice. The court found claims one, two, and nine legally insufficient, and gave the Defendant twenty-one days1 from the filing of the order to amend the insufficient claims. The May 26, 2021, order is a non-final, nonappealable order. See Fla. R. Crim. P. 3.850(f)(2). On June 11, 2021, the Defendant complied with the trial court’s May 26, 2021, order by filing his amended motion within twenty-one days afforded by the trial court. The trial court thereafter failed to rule on that amended motion or, as required by Florida Rule of Criminal Procedure 3.850, prepare a final, appealable order disposing of all nine claims.
The record shows that the trial court has already ruled on six of the Defendant’s nine claims, dismissed the remaining three claims without prejudice, and permitted the Defendant the opportunity to amend his motion as to those three remaining claims, which the Defendant did by filing his amended motion for postconviction relief. Accordingly, we reverse the order under review and remand for the trial court to consider the Defendant’s amended motion for postconviction relief filed on June 11, 2021, and for any appropriate proceedings on that amended motion. Further, the trial court is ordered to enter a final, appealable order disposing of the six earlier-denied claims and the three remaining amended claims.
Reversed, and remanded.