Rodriguez v. State

Nelson Rodriguez appeals an order summarily denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. For the following reasons, we reverse.

The trial court denied Rodriguez’s motion without prejudice, stating that it is procedurally deficient because Rodriguez submitted his motion partially written in Spanish, without an English translation.1 Because “pleadings are required to be in the English language,” and Rodriguez did not attach an English translation, Diaz v. Bell MicroProducts-Future Tech, Inc., 43 So.3d 138, 140 (Fla. 3d DCA 2010)…