4D08-2247-Thomas v. State

State: Florida

Court: Florida Southern District Court

Docket No: 4D08-2247.op

Case Date: 11/05/2008

Plaintiff: 4D08-2247-Thomas

Defendant: State

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2008

RALPH THOMAS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-2247 [November 5, 2008] PER CURIAM. We affirm the trial court's order summarily denying appellant's August 3, 2007 Florida Rule of Criminal Procedure 3.850 motion. On September 4, 2007, however, appellant filed a supplement to his motion that was not considered by the trial court. This supplemental motion was timely filed within two years of this court's affirmance of the conviction and sentence in Thomas v. State, 909 So. 2d 568 (Fla. 4th DCA 2005). See Fla. R. Crim. P. 3.850(b). The supplement, which was filed before the trial court had ruled on the motion, should have been considered by the trial court. Gaskin v. State, 737 So. 2d 509, 517

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