Brick v. State (144 So. 3d 698, 2014)

PER CURIAM.

We reverse the trial court’s order which summarily denied appellant’s rule 3.850 motion for postconviction relief without ordering a response, without attachments, and without explanation. The State in this appeal concedes that although the motion was facially insufficient, the trial court should have dismissed the motion with leave to amend. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754, 761 (Fla.2007). We agree and remand this matter for further proceedings consistent with rule 3.850(f)(2).

Reversed and Remanded.

DAMOORGIAN, C.J., MAY and CONNER, JJ., concur.