IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
LIVINGSTON JARROD WINTERS,
Appellant,
v. Case No. 5D22-818
LT Case No. 2017-CF-1649
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed July 8, 2022
3.850 Appeal from the Circuit Court
for Putnam County,
Alicia R. Washington, Judge.
Matthew R. McLain, of McLain Law, P.A.,
Longwood, for Appellant.
Ashley Moody, Attorney General, Tallahassee,
and Pamela J. Koller, Assistant Attorney
General, Daytona Beach, for Appellee.
PER CURIAM.
Livingston Jarrod Winters appeals the summary denial of his motion
for postconviction relief filed pursuant to Florida Rule of Criminal Procedure
3.850. We affirm as to Grounds Three and Four, which Winters abandoned
on appeal. See Ward v. State,
19 So. 3d 1060, 1060 (Fla. 5th DCA 2009)
(en banc). We reverse, however, on Grounds One and Two because
Winters filed a timely but insufficient motion. He is therefore entitled to
amend these grounds, if he can do so in good faith. See Fla. R. Crim. P.
3.850(f)(2); see also Spera v. State,
971 So. 2d 754, 761 (Fla. 2007). We
remand with instructions for the postconviction court to allow Winters sixty
days to amend Grounds One and Two.
AFFIRMED in part, REVERSED in part, and REMANDED.
LAMBERT, C.J., TRAVER and NARDELLA, JJ., concur.
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