MICHAEL VENABLE v. STATE OF FLORIDA

Michael Venable appeals the denial of an amended rule 3.850 motion as untimely filed. On February 11, 2015, he timely filed his original rule 3.850 motion raising two claims. On May 11, 2015, the trial court denied the original motion without prejudice for appellant to file an amended motion with a proper oath and to correct the date in the certificate of service. The order did not set a specific time for him to refile. Appellant filed his amended motion less than 30 days later, correcting the deficiencies and raising an additional claim. See Fla. R. Crim. P. 3.850(e). The trial court denied…