Gutierrez v. State

Luis Manuel Gutierrez appeals from an order dismissing his amended motion for post conviction relief, without prejudice, following remand from this court. We affirm dismissal of Gutierrez’ motion but remand for entry of dismissal with prejudice.

In November 2001, Gutierrez filed a rule 3.850 post conviction motion in which he raised a number of grounds for relief. This motion was followed by an amendment which added a number of new grounds. For the most part, Gutierrez’ claims were not cognizable in a rule 3.850 motion. He did, however, make several allegations that could constitute…