Oxendine v. State

Full title: Chutney Gerard OXENDINE, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 30, 2002

824 So. 2d 1022 (Fla. Dist. Ct. App. 2002)

Opinion

No. 5D02-1275.

August 30, 2002.

3.850 Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge.

Chutney Gerard Oxendine, Raiford, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

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.