Chacon v. State

Jose Chacon appeals the order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850 and his amended motion for postconviction relief which raised additional issues. Although the trial court found that Chacon did not provide any justification for his failure to include the additional grounds in his first motion, the trial court did not deny the amended motion as procedurally barred. Because the trial court did not deny the motion on this ground but rather addressed it on its merits, we do as well. See, e.g., McConn v. State, 708 So.2d 308 (Fla.…