IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
TRACEY MACKEY,
Appellant,
v. Case No. 5D17-133
STATE OF FLORIDA,
Appellee.
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Opinion filed June 9, 2017
3.850 Appeal from the Circuit Court
for Lake County,
Lawrence J. Semento, Judge.
Tracey Mackey, Wewahitchka, pro se.
Pamela Jo Bondi, Attorney General, and
Marjorie Vincent-Tripp, Assistant Attorney
General, Daytona Beach, for Appellee.
PER CURIAM.
Tracey Mackey appeals the summary denial of his rule 3.850 motion. The claims
raised in Mackey’s motion were facially insufficient. Rather than denying Mackey’s
motion, the trial court should have allowed him sixty days to amend his motion. See Fla.
R. Crim. P. 3.850(f)(2) (“If the motion is insufficient on its face, and the motion is timely
filed under this rule, the court shall enter a nonfinal, nonappealable order allowing the
defendant 60 days to amend the motion.”).
We reverse the trial court’s summary denial order and remand for the trial court to
provide Mackey sixty days to amend his motion.
REVERSED and REMANDED with instructions.
COHEN, C.J., and EVANDER and LAMBERT, JJ., concur.
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