CUYLER v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Mikael T. CUYLER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-1231

Decided: August 30, 2019

Mikael T. Cuyler, Milton, pro se. Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.

Appellant appeals the dismissal with prejudice of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. While the circuit court correctly found the motion insufficient, Appellant was entitled to receive an opportunity to amend since it is not “apparent that the defect cannot be corrected.” Parsons v. State, 981 So. 2d 1249, 1250 (Fla. 5th DCA 2008). We therefore reverse and remand for the circuit court to strike the motion with leave to file a facially sufficient motion within a reasonable time, provided Appellant can do so in good faith. Boule v. State, 86 So. 3d 1185, 1186 (Fla. 5th DCA 2012).

REVERSED and REMANDED.

PER CURIAM.

ORFINGER, EISNAUGLE and GROSSHANS, JJ., concur.

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