Summary
In Mackey v. State, 219 So.3d 1009 (Fla. 5th DCA 2017), this court reversed the summary denial of Mackey's postconviction motion and instructed the lower court to afford Mackey the opportunity to amend.
Summary of this case from Mackey v. StateOpinion
Case No. 5D17–133
06-09-2017
Tracey MACKEY, Appellant, v. STATE of Florida, Appellee.
Tracey Mackey, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, and Marjorie Vincent–Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
Tracey Mackey, Wewahitchka, pro se.
Pamela Jo Bondi, Attorney General, and Marjorie Vincent–Tripp, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Tracey Mackey appeals the summary denial of his rule 3.850 motion. The claims raised in Mackey's motion were facially insufficient. Rather than denying Mackey's motion, the trial court should have allowed him sixty days to amend his motion. See Fla. R. Crim. P. 3.850(f)(2) ("If 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 60 days to amend the motion.").
We reverse the trial court's summary denial order and remand for the trial court to provide Mackey sixty days to amend his motion.
REVERSED and REMANDED with instructions.
COHEN, C.J., and EVANDER and LAMBERT, JJ., concur.