Mackey v. State, 219 So. 3d 1009 (Fla. 5th DCA 2017). · Go Syfert
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Mackey v. State, 219 So. 3d 1009 (Fla. 5th DCA 2017). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Tracey Mackey v. State (fladistctapp, 2018-02-05)
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cited Cited as authority (rule) Tracey Mackey v. State
Fla. Dist. Ct. App. · 2018 · confidence medium
Mackey v. State, 219 So. 3d 1009, 1009 (Fla. 5th DCA 2017).
Tracey MACKEY
v.
STATE of Florida
Case No. 5D17-133.
District Court of Appeal of Florida, Fifth District.
Jun 9, 2017.
219 So. 3d 1009
Tracey Mackey, Wewahitchka, pro se., Pamela Jo Bondi, Attorney General, and Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, for Appellee’
Cohen, Evander, Lambert.
Cited by 2 opinions  |  Published
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.