Filed: Jun. 05, 2017
Latest Update: Mar. 03, 2020
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TRACEY MACKEY, Appellant, v. Case No. 5D17-133 STATE OF FLORIDA, Appellee. _/ Opinion filed June 9, 2017 3.850 Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Judge. Tracey Mackey, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appell
Summary: IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TRACEY MACKEY, Appellant, v. Case No. 5D17-133 STATE OF FLORIDA, Appellee. _/ Opinion filed June 9, 2017 3.850 Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Judge. Tracey Mackey, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appelle..
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TRACEY MACKEY, Appellant, v. Case No. 5D17-133 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 9, 2017 3.850 Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Judge. 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. 2
