Robert Easley v. State of Florida

Robert Easley appeals an order dismissing his rule 3.850 motion for exceeding fifty pages. Appellant’s motion and amended motion were within the fifty-page limit. The trial court erroneously counted the attached exhibits in calculating the length of the motion. Adams v. State, 104 So.3d 1141 (Fla. 2d DCA 2012). The State agrees that this case should be remanded for further proceedings.

Accordingly, we reverse the order dismissing appellant’s rule 3.850 motion and amended motion and remand for the trial court to consider the motions on the merits.

Reversed and Remanded.

GERBER, FORST and…