Ramirez v. State

• Decision Date: 25 August 2021
• Docket Number: No. 3D21-0957,3D21-0957
• Citation: Ramirez v. State, 324 So.3d 1025 (Fla. App. 2021)
• Parties: Yilian Quintana RAMIREZ, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

324 So.3d 1025 (Mem)

Yilian Quintana RAMIREZ, Appellant,

v.The STATE of Florida, Appellee.

No. 3D21-0957

District Court of Appeal of Florida, Third District.

Opinion filed August 25, 2021

Yilian Quintana Ramirez, in proper person.

Ashley Moody, Attorney General, and Asad Ali, Assistant Attorney General, for appellee.

Before HENDON, MILLER, and BOKOR JJ.

PER CURIAM.

After his convictions and sentences were affirmed on direct appeal, appellant, Yilian Quintana Ramirez, filed a motion for postconviction relief alleging ineffective assistance of counsel.SeeRamirez v. State, 289 So. 3d 474(Fla. 3d DCA2019);Fla. R. Crim. P. 3.850.Citing facial insufficiency, the trial court denied the motion by way of a final order.Upon the State's proper and commendable partial confession of error, along with our own independent review of the record, we conclude "the procedure outlined in Spera v. State, 971 So. 2d 754(Fla.2007) when determining that an initial motion for post-conviction relief is legally insufficient" should have been followed, and the summary denial of the motion, without permitting amendment, constituted an abuse of discretion.Juarez v. State, 215 So. 3d 89, 90(Fla. 3d DCA2016);see alsoFla. 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[sixty] days to amend the motion.");Spera, 971 So. 2d at 761("[W]hen a defendant's initial rule 3.850motion for postconviction relief is determined to be legally insufficient for failure to meet either the rule's or other pleading requirements, the trial court abuses...