Florida District Courts of Appeal, 2005

Whitaker v. State

Whitaker v. State
Florida District Courts of Appeal · Decided May 12, 2005 · Benton, Kahn, Lewis
902 So. 2d 223; 2005 Fla. App. LEXIS 6892; 2005 WL 1115962 (Southern Reporter, Second Series)

Whitaker v. State

Opinion of the Court

On The Court’s Own Motion

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

PER CURIAM.

The summary denial of the appellant’s postconviction motion is reversed and the *224cause 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, BENTON and LEWIS, JJ., concur.

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