JENKINS v. STATE

No. 5D07-4145.

975 So.2d 1216 (2008)

Romun JENKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 7, 2008.


Attorney(s) appearing for the Case

Romun Jenkins, Lake Butler, pro se.

Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Appellant challenges the summary denial of his rule 3.850 motion. We agree with the State that, as to witness Espute, this issue should have been raised on direct appeal. Accordingly, we affirm the trial court on this issue. As to potential witness Tomlinson, based on the State's concession that the trial court erred in not permitting Appellant to amend his motion, we reverse and remand with instructions that the trial court permit Appellant to amend his...

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