MONTESINOS V. STATE
Annotate this Case
Download PDF
Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed November 16, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-2687 Lower Tribunal No. 03-28869B ________________ Carlos Montesinos, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Julio Jimenez, Judge. Carlos Montesinos, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before RAMIREZ, LAGOA, and EMAS, JJ. RAMIREZ, J. We treat Carlos Montesinos petition for belated appeal as an appeal from the summary denial of his postconviction relief under Florida Rule of Criminal Procedure 3.850, and reverse for a determination on the merits. After a trial, Montesinos was convicted and sentenced to life imprisonment. His appeal from the conviction and sentence was affirmed by this Court and the mandate was issued on January 9, 2008. Montesinos v. State, 972 So. 2d 193 (Fla. 3d DCA 2007). Thereafter, Montesinos filed a motion for postconviction relief under Rule 3.850, which subsequently he attempted to amend. Within the twoyear period, Montesinos requested an extension of time to file the amended motion. However, the trial court denied his request and has not ruled on the amended motion which Montesinos nonetheless filed. Under Spera v. State, 971 So. 2d 754 (Fla. 2007), Montesinos was entitled to amend his postconviction motion. Accordingly, we reverse and remand for the trial court to determine the merits of Montesinos postconviction motion. Reversed and remanded. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
