Barrios v. State

Victor Barrios, the defendant below, appeals an order summarily denying his motion for correction of jail sentence pursuant to Florida Rule of Criminal Procedure 3.801.

On this appeal, the parties are in agreement that Barrios’s rule 3.801 motion was legally insufficient for failure to contain the contents required under subsection (c) of the rule, but that the trial court erred in denying his motion without first giving Barrios an opportunity to amend his timely, but facially insufficient motion. See Fla. R. Crim. P. 3.801(e) (incorporating Florida Rule of Criminal Procedure 3.850(f)(2),…