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
JORGE MEDEROS-MORALES,
Appellant,
v. Case No. 5D17-466
STATE OF FLORIDA,
Appellee.
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Opinion filed July 21, 2017
3.850 Appeal from the Circuit
Court for Putnam County,
Scott C. Dupont, Judge.
Jorge Mederos-Morales,
DeFuniak Springs, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Rebecca Rock
McGuigan, Assistant Attorney General,
Daytona Beach, for Appellee.
PER CURIAM.
Appellant, Jorge Mederos-Morales, seeks review of a summary denial of his rule
3.850 motion, alleging ineffective assistance of counsel after he entered an open plea to
the offense of failure to register as a career offender. See Fla. R. Crim. P. 3.850. In his
motion, Appellant alleges that counsel was ineffective for allowing him to plead to the
offense because he does not meet some of the criteria of a "career offender" as set forth
in section 775.261(2)(a), Florida Statutes (2014). Appellant, however, failed to allege that
he did not meet the final criterion, designation as a prison releasee reoffender, which
would also make him a "career offender." As such, his motion is insufficient on its face.
We reverse and remand with instructions to strike Appellant's motion with leave to amend.
See Fla. R. Crim. P. 3.850(f)(2); see also Bhoj v. State, 172 So. 3d 564, 565 (Fla. 5th
DCA 2015).
REVERSED and REMANDED.
COHEN, C.J., EVANDER and EISNAUGLE, JJ., concur.
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