Olin M. Lewis v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 2, 2020
Docket1D19-2933
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2933
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OLIN M. LEWIS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Lacey Powell Clark, Judge.
March 2, 2020
PER CURIAM.
Because Lewisโ postconviction motion was timely filed, he
should have been given an opportunity to amend the motion as to
his claim alleging a scoresheet error. Florida Rule of Criminal
Procedure 3.850(f)(3); Spera v. State, 971 So. 2d 754, 758-59 (Fla.
2007). Thus, we reverse and remand as to that claim. We affirm
the order denying postconviction relief on all other claims.
AFFIRMED in part, REVERSED in part and REMANDED.
ROBERTS, ROWE, and BILBREY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Olin M. Lewis, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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