Mancino v. State

Full title: Joseph Sal MANCINO, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 6, 2008

986 So. 2d 662 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D08-531.

August 6, 2008.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona M. Holmes and Ana I. Gardiner, Judges; L.T. Case No. 04-19936 CF10A.

Joseph Sal Mancino, Defuniak Springs, pro se.

Bill McCollum, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Senior Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse the order of the trial court dismissing Joseph Sal Mancino's amended rule 3.850 motion. The case is remanded for the trial court to consider the substance of the forty-two page motion. We have considered the State's citation to Spera v. State, 971 So.2d 754, 761 (Fla. 2007), but find its application premature.

Reversed and remanded.

SHAHOOD, C.J., STEVENSON and DAMOORGIAN, JJ., concur.