JASON O'SHEA YOUNG
v.
STATE OF FLORIDA
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Jason O'Shea Young appealed the trial court's dismissal of his post-conviction relief motion, but the appellate court dismissed the appeal for lack of jurisdiction because the trial court's order was non-final and non-appealable under Florida law.
The court lacks jurisdiction to review the trial court's order because it is a non-final, non-appealable order. When a motion is facially insufficient and timely filed, the trial court must enter a non-final, non-appealable order allowing the defendant sixty days to amend, making immediate appeal unavailable.
[1] A trial court's dismissal of a 3.850 post-conviction motion without prejudice for facial insufficiency, as mandated by Florida Rule of Criminal Procedure 3.850(f)(2), is…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the statutory mandate that dismissals for facial insufficiency result in non-final, non-appealable orders
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Join FLexlaw to unlock all legal intelligenceYoung was convicted in 2016 of robbery with a firearm and sentenced to life as a prison releasee reoffender. He filed a pro se post-conviction relief …
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December 20, 2024 PER CURIAM.
Since his 2016 conviction for robbery with a firearm and resulting life sentence as a prison releasee reoffender, Appellant Jason O’Shea Young has filed numerous post-conviction motions and petitions seeking issuance of various writs. Pertinent here is his most recent pro se “3.850 Motion for Post-Conviction Relief (Belated) (Retained Counsel Failed to File).” The trial court entered its order dismissing this motion without prejudice,
concluding the motion was facially insufficient for failure to include the oath and certifications required by Florida Rule of Criminal Procedure 3.850(c) and (n). Young was given sixty days to file his amended motion that complied with the Florida Rules of Criminal Procedure.
Since the trial court’s dismissal was without prejudice to file an amended motion, the trial court’s order is a non-final, non- appealable order. 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.”); see also Moore v. State, 281 So. 3d 553, 554 (Fla. 3d DCA 2019).
Accordingly, we dismiss this appeal without prejudice for want of jurisdiction. In doing so, we express no opinion as to the timeliness or merit of Young’s motion sub judice.
DISMISSED WITHOUT PREJUDICE.
EISNAUGLE, HARRIS, and SOUD, 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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