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Olin M. LEWIS, Appellant, v. STATE of Florida, Appellee.
Because Lewis' postconviction motion was timely filed, he should have been given an opportunity to amend the motion as to his claim alleging a scoresheet error. Florida Rule of Criminal Procedure 3.850(f)(3); Spera v. State, 971 So. 2d 754, 758-59 (Fla. 2007). Thus, we reverse and remand as to that claim. We affirm the order denying postconviction relief on all other claims.
Affirmed in part, Reversed in part and Remanded.
Per Curiam.
Roberts, Rowe, and Bilbrey, JJ., concur.
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Docket No: No. 1D19-2933
Decided: March 02, 2020
Court: District Court of Appeal of Florida, First District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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