Welch v. State

Appellant, Reid Welch, appeals from the trial court’s April 17, 2014, order denying, without prejudice, Welch’s Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief.

Although the State properly confessed error — based on Rodriguez v. State, 45 So.3d 938, 939 (Fla. 3d DCA 2010), and Alfonso v. State, 35 So.3d 978, 979 (Fla. 3d DCA 2010),1,2 — given Welch’s position that, “I positively refuse [the] ‘opportunity’ to amend the postconviction motion,” we affirm the order on appeal.

Affirmed.. In these cases, the trial court entered orders denying, without prejudice, the…