Prestano v. State
District Court of Appeal of Florida
1Per curiam
David Prestano appeals the summary denial of his rule 3.850 motion for postcon-viction relief over a last-minute request for additional time to supplement the motion. The State properly concedes that remand is appropriate.
*1281Prestano filed a timely motion for post-conviction relief. Before the lower court ruled on that motion, Prestano filed another motion requesting a ninety-day extension of time to supplement the first motion. The trial court did not see the second motion prior to its ruling denying the rule 3.850 motion. Subsequently, the trial court denied Prestano’s motion for enlargement…
2Cases cited3 opinions
- Gaskin v. StateSupreme Court of Florida · 1999
- Beard v. StateDistrict Court of Appeal of Florida · 2002
- Kline v. StateDistrict Court of Appeal of Florida · 2003
3Cited by2 opinions
- JOHNNIE GREEN, III v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2023
- MICHAEL GRIMACE v. StateDistrict Court of Appeal of Florida · 2020