Cooksey v. State

District Court of Appeal of Florida

Cooksey v. State

37 So. 3d 978, 2010 Fla. App. LEXIS 9208, 2010 WL 2539446

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 2010

Docket5D10-703

StatusPublished

Cited by1 cases

This text of 37 So. 3d 978 (Cooksey 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.

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Cooksey v. State, 37 So. 3d 978, 2010 Fla. App. LEXIS 9208, 2010 WL 2539446 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

John David Cooksey appeals the trial court’s summary denial of his motion for *979 postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order without discussion except as to claim 3 of Cooksey’s postconvietion motion. As to claim 3, the State concedes that the record does not conclusively refute Cooksey’s claim and that he is entitled to a hearing on that claim alone. We accept the State’s proper concession.

We affirm in all respects except as to claim 3 of Cooksey’s postconviction motion. On remand, the trial court shall conduct an. evidentiary hearing on that claim alone to determine its merits and relief, if any. See Moss v. State, 860 So.2d 1007 (Fla. 5th DCA 2003).

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

ORFINGER, EVANDER and JACOBUS, JJ., concur.

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