Bergeron v. State

District Court of Appeal of Florida

Bergeron v. State

105 So. 3d 667, 2013 WL 331585, 2013 Fla. App. LEXIS 1639

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 2013

DocketNo. 4D11-3265

StatusPublished

This text of 105 So. 3d 667 (Bergeron v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bergeron v. State, 105 So. 3d 667, 2013 WL 331585, 2013 Fla. App. LEXIS 1639 (Fla. Ct. App. 2013).

Pincite

Opinion

PER CURIAM.

We reverse and remand the trial court’s order denying appellant’s November 20, 2009 postconviction motion. The trial court did not consider or address the merits of fourteen of appellant’s fifteen claims. Appellant, however, failed to timely amend claim five as permitted by the court, and this claim was abandoned. We affirm the trial court’s determination that appellant’s August 27, 2010 motion was not timely filed. We remand this matter for the trial court to consider claims one through four and six through fifteen of appellant’s November 20, 2009 postconviction motion. We express no opinion as to the merits or sufficiency of any of these claims.

Reversed and remanded with directions.

STEVENSON, GROSS and CIKLIN, JJ., concur.

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PER CURIAM.

We reverse and remand the trial court’s order denying appellant’s November 20, 2009 postconviction motion. The trial court did not consider or address the merits of fourteen of appellant’s fifteen claims. Appellant, however, failed to timely amend claim five as permitted by the court, and this claim was abandoned. We affirm the trial court’s determination that appellant’s August 27, 2010 motion was not timely filed. We remand this matter for the trial court to consider claims one through four and six through fifteen of appellant’s November 20, 2009 postconviction motion. We express no opinion as to the merits or sufficiency of any of these claims.

Reversed and remanded with directions.

STEVENSON, GROSS and CIKLIN, JJ., concur.

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Bluebook (online)

105 So. 3d 667, 2013 WL 331585, 2013 Fla. App. LEXIS 1639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bergeron-v-state-fladistctapp-2013.