James S. Day, Jr. v. State of Florida

District Court of Appeal of Florida

James S. Day, Jr. v. State of Florida

183 So. 3d 467, 2016 Fla. App. LEXIS 722, 2016 WL 231500

District Court of Appeal of Florida·Decided January 20, 2016·No. 4D15-297·Published

Opinion

PER CURIAM.

James Day appeals an order summarily denying a successive rule 3.850 motion and sanctioning him for frivolous filing. We affirm the summary denial of his postcon-viction motion, but reverse and remand the sanction order for the trial court to follow the procedure in rule 3.85Q(n) before imposing a sanction. ■

Affirmed in part and reversed in part, and remanded with instructions.

CIKLIN, C.J., TAYLOR and CONNER, JJ., concur.

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PER CURIAM.

James Day appeals an order summarily denying a successive rule 3.850 motion and sanctioning him for frivolous filing. We affirm the summary denial of his postcon-viction motion, but reverse and remand the sanction order for the trial court to follow the procedure in rule 3.85Q(n) before imposing a sanction. ■

Affirmed in part and reversed in part, and remanded with instructions.

CIKLIN, C.J., TAYLOR and CONNER, JJ., concur.

James S. Day, Jr. v. State of Florida, 183 So. 3d 467, 2016 Fla. App. LEXIS 722, 2016 WL 231500 (Fla. Ct. App. 2016).

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