Florida District Courts of Appeal, 2015

Robert Easley v. State of Florida

Robert Easley v. State of Florida
Florida District Courts of Appeal · Decided June 24, 2015 · Gerber, Forst, Klingensmith
169 So. 3d 208; 2015 Fla. App. LEXIS 9568; 2015 WL 3876512 (Southern Reporter, Third Series)

Robert Easley v. State of Florida

Opinion

PER CURIAM.

Robert Easley appeals an order dismissing his rule 3.850 motion for exceeding fifty pages. Appellant’s motion and amended motion were within the fifty-page limit. The trial court erroneously counted the attached exhibits in calculating the length of the motion. Adams v. State, 104 So.3d 1141 (Fla. 2d DCA 2012). The State *209 agrees that this case should be remanded for further proceedings.

Accordingly, we reverse the order dismissing appellant’s rule 3.850 motion and amended motion and remand for the trial court to consider the motions on the merits.

Reversed and Remanded.

GERBER, FORST and KLINGENSMITH, JJ., concur.

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