MONTALVO v. STATE

Case No. 5D17-39.

220 So.3d 1276 (2017)

Eliud Martir MONTALVO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed June 23, 2017.


Attorney(s) appearing for the Case

Eliud Martir Montalvo, Milton, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellee.


Eliud Martir Montalvo appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court erroneously denied Montalvo's timely filed amended motion, we reverse and remand.

Montalvo filed a timely rule 3.850 motion asserting numerous claims. The trial...

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