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Watson v. State

District Court of Appeal of Florida, Fourth District
May 19, 1999
732 So. 2d 469 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-3351

Opinion filed May 19, 1999.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. No. 95-4404CFA02.

Peter Grable, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.


The trial court erred when it denied appellant's motion to amend his motion for post-conviction relief as untimely filed. In Bradford v. State, 701 So.2d 899 (Fla. 4th DCA 1997), we held:

[W]hile the amended motion was not untimely in the jurisdictional sense, it was untimely from the standpoint of judicial administration since it was first presented at the evidentiary hearing. Nevertheless, in this circumstance, the trial court erred in failing to continue the evidentiary hearing on the original 3.850 motion until such time as the claims raised in the amended motion could also be considered.

Id. at 900.

As in Bradford, we reverse and remand this cause with instructions to the trial court to consider appellant's claims of ineffective assistance of counsel as alleged in his original and amended motion for post-conviction relief.

REVERSED and REMANDED.

STONE, C.J., DELL and SHAHOOD, JJ., concur.


Summaries of

Watson v. State

District Court of Appeal of Florida, Fourth District
May 19, 1999
732 So. 2d 469 (Fla. Dist. Ct. App. 1999)
Case details for

Watson v. State

Case Details

Full title:ESAU WATSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 19, 1999

Citations

732 So. 2d 469 (Fla. Dist. Ct. App. 1999)