5D07-4145 Romun Jenkins v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-4145

Case Date: 03/03/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008 ROMUN JENKINS, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 7, 2008 3.850 Appeal from the Circuit Court for Orange County, Richard F. Conrad, Judge. Romun Jenkins, Lake Butler, pro se. Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

Case No. 5D07-4145

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 motion. See Spera v. State, 971 So. 2d 754 (Fla. 2007). AFFIRMED in part; REVERSED in part, and REMANDED. GRIFFIN, MONACO and TORPY, JJ., concur.

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