Florida District Courts of Appeal, 2014

Marckson v. State

Marckson v. State
Florida District Courts of Appeal · Decided October 29, 2014 · Emas, Logue, Wells
151 So. 3d 44; 2014 Fla. App. LEXIS 17622; 2014 WL 5462535 (Southern Reporter, Third Series)

Marckson v. State

Opinion of the Court

PER CURIAM.

Gabriel 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).

Reversed 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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