Thomas v. State

Full title: GEARY LEON THOMAS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: May 12, 2005

Case No. 1D01-2228 (Fla. Dist. Ct. App. May. 12, 2005)

Opinion

Case No. 1D01-2228.

Opinion filed May 12, 2005.

An appeal from the Circuit Court for Duval County, Henry E. Davis, Judge.

Appellant, pro se.

Charlie Crist, Attorney General, Tallahassee, for Appellee.

On The Court's Own Motion

We sua sponte withdraw our pre-mandate opinion in this case and substitute the following.

PER CURIAM.

The summary denial of the appellant's postconviction motion is reversed and the cause remanded to the trial court to permit the appellant a reasonable opportunity to demonstrate his claim is timely under Dickey v. State, 30 Fla. L. Weekly D443 (Fla. 1st DCA Feb. 15, 2005), by alleging the date his present conviction was enhanced by the challenged conviction. Cf. Nelson v. State, 875 So. 2d 579 (Fla. 2004). If no amendment is filed within the time allowed, then the denial can be with prejudice.Id.; Spooner v. State, 889 So. 2d 900, 901 (Fla. 1st DCA 2004).

REVERSED AND REMANDED.

ALLEN, DAVIS and PADOVANO, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED