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147 So. 3d 611

Gibson v. State

District Court of Appeal of Florida

Decided September 10, 2014

District Court of Appeal of Florida · decided 2014-09-10

Cited by 1 later decisions — most recently January 2016

1 state decisions

Relies on Spera v. State · 121 So. 3d 419 - Alcorn v. State · Gutierrez v. State

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Decided 2014-09-10

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PER CURIAM.

¶1We reverse the trial court’s order summarily denying appellant’s rule 8.850 motion for postconviction relief.

¶2In Gibson v. State, 122 So.3d 428 (Fla. 4th DCA 2018), we remanded a prior order that denied appellant’s motion without explanation or attachments. On remand, the State filed a response which argued that the motion failed to satisfy the pleading requirements of Alcorn v. State, 121 So.3d 419 (Fla.2013). The trial court denied the motion based on the State’s response which argued that appellant should be granted sixty days to file an amended motion. The trial court provided no explanation other than to incorporate the State’s response into the order of denial.

¶3This matter is remanded for the trial court to follow Florida Rule of Criminal Procedure 3.850(f)(2) and enter an order allowing appellant sixty days to file an amended motion if he can do so in good faith. See Spera v. State, 971 So.2d 754 (Fla.2007).

¶4Reversed and remanded.

GROSS, LEVINE and CONNER, JJ., concur.
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