Daise v. State
The First DCA affirmed denial of a 3.850 motion after DUI manslaughter and drug convictions, holding the postconviction court did not abuse its discretion in refusing further leave to amend where the defendant's counsel sought to add new IAC claims nearly a year after the 60-day amendment deadline under rule 3.850(e) had expired, even though the overall two-year filing period had not yet run. The court also rejected a newly discovered evidence claim based on a witness affidavit that did not actually support a necessity/duress defense, finding no reasonable probability the defendant would have rejected his favorable plea (which eliminated a 15-year vehicular homicide exposure) had the evidence been known.
Key facts
- Defendant was convicted of DUI manslaughter and drug offenses and entered a plea agreement that eliminated a 15-year vehicular homicide exposure.
- Defendant filed a rule 3.850 postconviction motion raising ineffective assistance of counsel claims, which the postconviction court initially ordered to be amended or supplemented under rule 3.850(f)(2), triggering a 60-day amendment deadline.
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Why it matters
This decision offers useful guidance on the interplay between rule 3.850(e)'s 60-day amendment window and the broader two-year filing deadline, clarifying that the shorter amendment deadline controls and can bar… — full analysis with a trial
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