Darnell M. Tillman v. State

District Court of Appeal of Florida

Darnell M. Tillman v. State

207 So. 3d 255, 2016 Fla. App. LEXIS 11168

District Court of Appeal of Florida·Decided July 22, 2016·No. 5D16-112·Published

Opinion

PER CURIAM.

Darnell Tillman appeals the trial court’s order summarily denying his rule 3.850 motion for postconviction relief. The motion alleged claims related to Tillman’s 2000 trial and sentencing as well as his 2012 resentencing. We affirm the trial court’s order except as to the claim that trial counsel failed to present mitigation evidence at Tillman’s resentencing. Although facially insufficient, Tillman should have been given an opportunity to amend that claim. See Caballero v. State, 132 So.3d 369 (Fla. 4th DCA 2014).

AFFIRMED in part; REVERSED in part; REMANDED.

PALMER, ORFINGER and TORPY, JJ., concur.

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PER CURIAM.

Darnell Tillman appeals the trial court’s order summarily denying his rule 3.850 motion for postconviction relief. The motion alleged claims related to Tillman’s 2000 trial and sentencing as well as his 2012 resentencing. We affirm the trial court’s order except as to the claim that trial counsel failed to present mitigation evidence at Tillman’s resentencing. Although facially insufficient, Tillman should have been given an opportunity to amend that claim. See Caballero v. State, 132 So.3d 369 (Fla. 4th DCA 2014).

AFFIRMED in part; REVERSED in part; REMANDED.

PALMER, ORFINGER and TORPY, JJ., concur.

Darnell M. Tillman v. State, 207 So. 3d 255, 2016 Fla. App. LEXIS 11168 (Fla. Ct. App. 2016).

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