Whitaker v. State
Docket: No. 1D02-3050
Court: District Court of Appeal of Florida; May 12, 2005; Florida; State Appellate Court
The court has sua sponte withdrawn its previous pre-mandate opinion and issued a new ruling. The summary denial of the appellant's postconviction motion is reversed, and the case is remanded to the trial court. The appellant is granted a reasonable opportunity to demonstrate the timeliness of his claim, referencing Dickey v. State. Specifically, the appellant must allege the date on which his current conviction was enhanced by the challenged conviction. If the appellant fails to file an amendment within the allotted time, the denial may be made with prejudice. The decision is unanimously concurred by Judges Kahn, Benton, and Lewis.