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Lewis v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Mar 2, 2020
292 So. 3d 833 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-2933

03-02-2020

Olin M. LEWIS, Appellant, v. STATE of Florida, Appellee.

Olin M. Lewis, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.


Olin M. Lewis, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

Because Lewis' postconviction motion was timely filed, he should have been given an opportunity to amend the motion as to his claim alleging a scoresheet error. Florida Rule of Criminal Procedure 3.850(f)(3) ; Spera v. State , 971 So. 2d 754, 758-59 (Fla. 2007). Thus, we reverse and remand as to that claim. We affirm the order denying postconviction relief on all other claims.

AFFIRMED in part, REVERSED in part and REMANDED .

Roberts, Rowe, and Bilbrey, JJ., concur.


Summaries of

Lewis v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Mar 2, 2020
292 So. 3d 833 (Fla. Dist. Ct. App. 2020)
Case details for

Lewis v. State

Case Details

Full title:OLIN M. LEWIS, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Mar 2, 2020

Citations

292 So. 3d 833 (Fla. Dist. Ct. App. 2020)