CHUTNEY GERARD OXENDINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2002-08-30
No. 5D02-1275
PALMER and ORFINGER, R.B., JJ., concur.
824 So. 2d 1022 Florida District Court of Appeal, Fifth District (2002) Positive Treatment
Cited by 4 cases
Opinion of the Court
PLEUS, J.

PLEUS, J.

We affirm the denial of the defendant’s September 10, 2001, “3.850 Motion for Post-Conviction Relief,” but reverse and remand for consideration of the three claims raised in his December 21, 2001, “Amendment to Previously Filed Pro Se Motion for Motion for Post Conviction Relief, Rule 3.850 Fla. R.Crim. P.” See Gaskin v. State, 737 So. 2d 509 (Fla.1999) (defendant entitled to have court rule on amended motion filed before trial court ruled on the original motion and within rule’s 2 year time limit).

AFFIRMED IN PART, REVERSED IN PART, REMANDED.

PALMER and ORFINGER, R.B., JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Smith v. State, 987 So. 2d 724 (Fla. 5th DCA 2008)
    …ction motions under rule 3.850 may be amended or supplemented at any time within the two-year time limit as long as the trial court has not yet ruled on the merits of the motion. Gaskin v. State, 737 So. 2d 509, 517-18 (Fla.1999); Oxendine v. State, 824 So. 2d 1022, 1023 (Fla. 5th DCA 2002); Samuels v. State, 973 So. 2d 662, 662 (Fla. 4th DCA 2008). AFFIRMED in part, REVERSED in part, and REMANDED. ORFINGER, TORPY, and COHEN, JJ., concur.…
  • Harris v. State, 993 So. 2d 1176 (Fla. 5th DCA 2008)
    …nal motion, provided that the amended motion was filed within the rule’s two-year time limit and does not raise successive claims. See Gaskin v. State, 737 So. 2d 509 (Fla.1999); Smith v. State, 987 So. 2d 724 (Fla. 5th DCA 2008); Oxendine v. State, 824 So. 2d 1022 (Fla. 5th DCA 2002). Applying this case law to the instant facts, we conclude that this matter must be remanded to the trial court for consideration of three of the four claims set forth in the defendant’s “Addendum Motion”. In that regard, three…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw