TRACEY MACKEY v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

TRACEY MACKEY, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D17-133

Decided: June 09, 2017

Tracey Mackey, Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee.

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.

PER CURIAM.

COHEN, C.J., and EVANDER and LAMBERT, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network