Opinion
5D22-818
07-08-2022
LIVINGSTON JARROD WINTERS, Appellant, v. STATE OF FLORIDA, Appellee.
Matthew R. McLain, of McLain Law, P.A., Longwood, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
3.850 Appeal from the Circuit Court for Putnam County, LT Case No. 2017-CF-1649, Alicia R. Washington, Judge.
Matthew R. McLain, of McLain Law, P.A., Longwood, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Livingston Jarrod Winters appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds Three and Four, which Winters abandoned on appeal. See Ward v. State, 19 So.3d 1060, 1060 (Fla. 5th DCA 2009) (en banc). We reverse, however, on Grounds One and Two because Winters filed a timely but insufficient motion. He is therefore entitled to amend these grounds, if he can do so in good faith. See Fla. R. Crim. P. 3.850(f)(2); see also Spera v. State, 971 So.2d 754, 761 (Fla. 2007). We remand with instructions for the postconviction court to allow Winters sixty days to amend Grounds One and Two.
AFFIRMED in part, REVERSED in part, and REMANDED.
LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.