Florida District Courts of Appeal, 2015

Deus v. State

Deus v. State
Florida District Courts of Appeal · Decided December 23, 2015 · Logue, Salter, Suarez
181 So. 3d 1249; 2015 Fla. App. LEXIS 19215; 2015 WL 9319147 (Southern Reporter, Third Series)

Deus v. State

Opinion of the Court

SUAREZ, C.J.

Defendant Frantz Deus appeals the denial of his Florida Procedure Rule 3.850 motion alleging ineffective assistance of counsel.' We affirm that denial. However, defendant also filed a Motion for Leave to Amend 3.850 Motion which the record -reflects was received by the clerk of the court on the same day as the trial court’s ruling on the original motion. Defendant *1250also filed a Motion for Rehearing. Because the record is unclear as to whether the trial court considered the Motion to Amend and because the record before this Court does not contain a ruling on the Motion for Rehearing, we relinquish jurisdiction to the trial court for a period of twenty (20) days for purposes of ruling on those motions.

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