Diaz v. State

Avissmael Diaz seeks review of an order 1 denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850, seeking postconviction relief. We reverse and remand.

The circuit court summarily denied the motion as “legally insufficient” without reaching the merits. Our examination of the petition for posteonvietion relief shows no legal insufficiency. The motion was timely filed, contains appropriate issues for review, supporting facts, memorandum of law, and an unnotarized oath at the conclusion which substantially complies with Florida Rule of Criminal Procedure 3.987. See also §…