ENEL CHARLES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's summary denial of a postconviction motion claim because the denial was premature, entered before the deadline for amendment had expired.
A trial court's summary denial of a postconviction motion claim is reversed when entered before the deadline for amending the claim has passed.
[1] A trial court abuses its discretion by summarily denying a postconviction motion claim before the deadline for amendment established in a prior court order has expired.
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Join FLexlaw to unlock all legal intelligenceEnel Charles filed a postconviction motion under Florida Rule of Criminal Procedure 3.850. The trial court initially directed him to amend claim Two b…
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Enel Charles appeals the summary denial of claim Two of his postconviction motion under Florida Rule of Criminal Proce*310dure 3.850.1 On August 1, 2016, the trial court denied claim Two based on a determination that Charles failed to amend claim Two by July 26, 2016 (as he had been directed in an order entered two months earlier).
In an order entered on July 12, 2016, however, Charles’ motion for a further sixty days within which to amend claim Two was granted. That order allowed Charles until September 12, 2016, to file and serve the amended claim. Charles also moved for a further extension of time, granted in a trial court order of August 18, 2016, which allowed him until October 17, 2016, within which to file and serve his amended claim Two.
We thus reverse and remand the prematurely-entered summary denial order, with directions that the trial court enter an order granting Charles a further sixty days to amend claim Two to state a facially sufficient claim, and for further proceedings as may be appropriate.