LIVINGSTON JARROD WINTERS
v.
STATE OF FLORIDA
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A defendant who files a timely but insufficient motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 is entitled to amend the insufficient grounds if he can do so in good faith.
[1] A defendant who files a timely Rule 3.850 motion for postconviction relief that is insufficient on its face is entitled to amend the insufficient grounds if the amendment…
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Join FLexlaw to unlock all legal intelligenceLivingston Jarrod Winters appealed the summary denial of his Rule 3.850 motion for postconviction relief, raising four grounds. Winters abandoned grou…
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PER CURIAM.
Livingston Jarrod Winters appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Three and Four, which Winters abandoned
2
on appeal. See Ward v. State, 19 So. 3d 1060, 1060 (Fla. 5th DCA 2009) (en banc). We reverse, however, on Grounds One and Two because Winters filed a timely but insufficient motion. He is therefore entitled to amend these grounds, if he can do so in good faith. See Fla. R. Crim. P. 3.850(f)(2); see also Spera v. State, 971 So. 2d 754, 761 (Fla. 2007). We remand with instructions for the postconviction court to allow Winters sixty days to amend Grounds One and Two.
AFFIRMED in part, REVERSED in part, and REMANDED. LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.
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Citator
Cited By
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Bunch v. State (Fla. 5th DCA 2024)
Authorities Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963)
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Ward v. State, 19 So. 3d 1060 (Fla. 5th DCA 2009)
- Rivera v. State, 995 So. 2d 191 (Fla. 2008)
- Guzman-Aviles v. State, 226 So. 3d 339 (Fla. 5th DCA 2017)
- Martin v. State, 322 So. 3d 25 (Fla. 2021)