151 So. 3d 44

Gabriel MARCKSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D14-2362.

District Court of Appeal of Florida, Third District.

Oct. 29, 2014.

Gabriel Marckson, in proper persori.

Pamela Jo Bondi, Attorney General, for appellee.

Before WELLS, EMAS and LOGUE, JJ.

PER CURIAM.

Gabriel Marckson appeals from the trial court’s summary denial of his timely motion for post-conviction relief. Although we agree with the trial court’s determination that the motion was legally insufficient, we reverse and remand because, rather than entering a final order denying the motion on its merits, the trial court should have entered a non-final, non-ap-pealable order dismissing the motion with leave to amend within sixty days. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla.2007).

Reversed and remanded with directions to enter a non-final order dismissing the motion with leave to file an amended motion within sixty days.

Marckson v. State
151 So. 3d 44

Case Details

Name
Marckson v. State
Decision Date
Oct 29, 2014
Citations

151 So. 3d 44

Jurisdiction
Florida

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