Hockaday v. State

District Court of Appeal of Florida

Hockaday v. State

172 So. 3d 566, 2015 Fla. App. LEXIS 12533, 2015 WL 4945002

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 2015

DocketNo. 5D15-1507

StatusPublished

This text of 172 So. 3d 566 (Hockaday 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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Hockaday v. State, 172 So. 3d 566, 2015 Fla. App. LEXIS 12533, 2015 WL 4945002 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Charles Hockaday appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We affirm the trial court’s order denying relief as to all claims asserted in the motion except that part of the order denying claim 3 (newly discovered evidence). As to this claim, the court should permit Hockaday an opportunity to amend his motion pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). We remand to the trial court to allow Hockaday to amend his motion to state a facially sufficient claim, if it is possible for him to do so. See Pierre v. State, 973 So.2d 547 (Fla. 5th DCA 2008).

AFFIRMED in part; REVERSED in part; and REMANDED.

SAWAYA, ORFINGER and BERGER, JJ., concur.

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PER CURIAM.

Charles Hockaday appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We affirm the trial court’s order denying relief as to all claims asserted in the motion except that part of the order denying claim 3 (newly discovered evidence). As to this claim, the court should permit Hockaday an opportunity to amend his motion pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). We remand to the trial court to allow Hockaday to amend his motion to state a facially sufficient claim, if it is possible for him to do so. See Pierre v. State, 973 So.2d 547 (Fla. 5th DCA 2008).

AFFIRMED in part; REVERSED in part; and REMANDED.

SAWAYA, ORFINGER and BERGER, JJ., concur.

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172 So. 3d 566, 2015 Fla. App. LEXIS 12533, 2015 WL 4945002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hockaday-v-state-fladistctapp-2015.

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