Kline v. State

Appellant challenges the trial court’s summary denial of his rule 3.850 motion for postconviction relief. Appellant originally filed his motion on March 23, 2003. He subsequently filed a motion requesting leave to amend on June 8, 2003. Without addressing the motion to amend, the trial court denied Appellant’s motion on June 6, 2003. Because we find that the trial court erred in ruling on Appellant’s motion without allowing amendment, we reverse and remand.

A rule 3.850 motion may be amended at any time prior to the trial court’s ruling as long as the amended motion is filed within the…