ROSEVELT R. PERRY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rodriguez v. State, 45 So. 3d 938 (Fla. 3d DCA 2010)
  …hat he has the right to appeal the order within thirty days. This language renders the order ambiguous and confusing; the defendant may not have realized that he could remedy the motion’s deficiency by filing an amended motion. See Alfonso v. State, 35 So. 3d 978, 979 (Fla. 3d DCA 2010) (holding that order denying Rule 3.850 motion without prejudice (without granting leave to amend) and advising defendant that he has thirty days to appeal renders order “ambiguous and confusing”). Accordingly, we reverse the…
• Reid Welch v. State, 147 So. 3d 1108 (Fla. 3d DCA 2014)
  …denying, without prejudice, Welch’s Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Although the State properly confessed error — based on Rodriguez v. State, 45 So. 3d 938, 939 (Fla. 3d DCA 2010), and Alfonso v. State, 35 So. 3d 978, 979 (Fla. 3d DCA 2010),1,2 — given Welch’s position that, “I positively refuse [the] ‘opportunity’ to amend the postconviction motion,” we affirm the order on appeal. Affirmed. . In these cases, the trial court entered orders denying, without…