Perez Nunez v. State

Appellant seeks review of an order summarily denying his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. However, because the motion filed with the trial court was insufficient on its face, 1 the trial court should not have summarily denied the motion, but instead was required to “enter a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion.” Fla. R. Grim. P. 3.860(f)(2). See also Charles v. State, 193 So.3d 46, 47 (Fla. 3d DCA 2016).

We therefore reverse and remand with directions that the trial court enter a non-final,…