Opinion
3D21-1753
12-01-2021
Ceasar Gonzalez, Appellant, v. The State of Florida, Appellee.
Ceasar Gonzalez, in proper person. Ashley Moody, Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal No. F17-83, Teresa M. Pooler, Judge.
Ceasar Gonzalez, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, LINDSEY and GORDO, JJ.
PER CURIAM.
Following this Court's affirmance of his convictions and sentences on direct appeal, appellant, Ceasar Gonzalez, filed a motion for postconviction relief alleging ineffective assistance of counsel. See Gonzalez v. State, 271 So.3d 80 (Fla. 3d DCA 2019); Fla. R. Crim. P. 3.850. The trial court denied the motion by way of a final order, stating it was insufficient to support the relief requested. Pursuant to Florida Rule of Criminal Procedure 3.850(f)(2), "[i]f the motion is insufficient on its face, and the motion is timely filed under this rule, the court shall enter a nonfinal, nonappealable order allowing the defendant [sixty] days to amend the motion." A trial court abuses its discretion when it summarily denies a timely 3.850 motion, without permitting amendment. See Ramirez v. State, 324 So.3d 1025, 1025 (Fla. 3d DCA 2021); Spera v. State, 971 So.2d 754, 761 (Fla. 2007) ("[W]hen a defendant's initial rule 3.850 motion for postconviction relief is determined to be legally insufficient for failure to meet either the rule's or other pleading requirements, the trial court abuses its discretion when it fails to allow the defendant at least one opportunity to amend the motion."). Thus, we reverse and remand for further proceedings consistent herewith.
Reversed and remanded.