Florida District Courts of Appeal, 2005

Baker v. State

Baker v. State
Florida District Courts of Appeal · Decided May 16, 2005 · Hawkes, Kahn, Webster
901 So. 2d 405; 2005 Fla. App. LEXIS 7055; 2005 WL 1130166 (Southern Reporter, Second Series)

Baker v. State

Opinion of the Court

On The Court’s Oum Motion

PER CURIAM.

We sua sponte withdraw our pre-man-date opinion in this case and substitute the following.

*406The summary denial of the appellant’s postconviction motion is reversed and the cause remanded to the trial court to permit the appellant a reasonable opportunity to demonstrate his claim is timely under Dickey v. State, 30 Fla. L. Weekly D443, —So.2d-, 2005 WL 350313 (Fla. 1st DCA Feb.15, 2005), by alleging the date his present conviction was enhanced by the challenged conviction. Cf. Nelson v. State, 875 So.2d 579 (Fla. 2004). If no amendment is filed within the time allowed, then the denial can be with prejudice. Id., Spooner v. State, 889 So.2d 900, 901 (Fla. 1st DCA 2004).

REVERSED AND REMANDED.

KAHN, WEBSTER, and HAWKES, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.