Opinion

Brown v. State

  • 38 So. 3d 888
  • 2010 Fla. App. LEXIS 9567
  • 2010 WL 2595071
Court
District Court of Appeal of Florida
Filed
Jun 30, 2010
Status
Published
Author
Black
On the bench
Black, Davis, Villanti
Cited by
1 cases
Authority
More cited than 57.7%

The opinion

*889

BLACK, Judge.

Joseph A. Brown appeals the postconviction court’s order dismissing his motion to enforce plea agreement, treated as a motion under Florida Rule of Criminal Procedure 8.850. The postconviction court found Brown’s motion facially insufficient. We note that Brown’s motion is not properly sworn for purposes of rule 3.850. The postconviction court dismissed the motion without prejudice to the filing of a facially sufficient motion within the time prescribed by the rule. Because the dismissal was without prejudice, the order is not a final order and the postconviction court appropriately did not admonish Brown to appeal within thirty days.

We dismiss this appeal for lack of jurisdiction. The postconviction court should enter a revised order permitting Brown to amend his motion within a reasonable period of time not to exceed thirty days, pursuant to

Spera v. State,

971 So.2d 754 (Fla.2007).

See Herron v. State,

34 So.3d 206 (Fla. 2d DCA 2010);

Moreland v. State,

32 So.3d 782 (Fla. 2d DCA 2010). If Brown does not amend the motion, the postconviction court should enter a final order disposing of Brown’s claims. If Brown does amend his motion, the post-conviction court must consider the amendment in its final disposition.

Dismissed.

DAVIS and VILLANTI, JJ„ Concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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