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151 So. 3d 44

Marckson v. State

District Court of Appeal of Florida

Decided October 29, 2014

District Court of Appeal of Florida · decided 2014-10-29

Cited by 5 later decisions — most recently May 2019

4 state decisions

Relies on Spera v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2014-10-29

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PER CURIAM.

¶1Gabriel Marckson appeals from the trial court’s summary denial of his timely motion for post-conviction relief. Although we agree with the trial court’s determination that the motion was legally insufficient, we reverse and remand because, rather than entering a final order denying the motion on its merits, the trial court should have entered a non-final, non-ap-pealable order dismissing the motion with leave to amend within sixty days. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla.2007).

¶2Reversed and remanded with directions to enter a non-final order dismissing the motion with leave to file an amended motion within sixty days.

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