MARCKSON V. STATE

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Third District Court of Appeal State of Florida Opinion filed October 29, 2014. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D14-2362 Lower Tribunal No. 13-11810 ________________ Gabriel Marckson, 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, Jorge Rodriguez-Chomat, Judge. Gabriel Marckson, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before WELLS, EMAS and LOGUE, JJ. PER CURIAM. Gabriel Marckson appeals from the trial court s summary denial of his timely motion for post-conviction relief. Although we agree with the trial court s determination that the motion was legally insufficient, we reverse and remand because, rather than entering a final order denying the motion on its merits, the trial court should have entered a non-final, non-appealable order dismissing the motion with leave to amend within sixty days. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So. 2d 754 (Fla. 2007). Reversed and remanded with directions to enter a non-final order dismissing the motion with leave to file an amended motion within sixty days. 2

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