John Michael Sydoriak v. State

District Court of Appeal of Florida

John Michael Sydoriak v. State

162 So. 3d 111, 2014 Fla. App. LEXIS 16793, 2014 WL 5149132

District Court of Appeal of Florida·Decided October 15, 2014·No. 4D13-2123·Published

Opinion

PER CURIAM.

The defendant appeals the trial court’s summary denial of multiple claims for post-conviction relief under rule 3.850, and the denial of two other claims after an evidentiary hearing. We reverse and remand the case. The trial court shall allow the defendant a reasonable time to file an amended motion that meets the pleading requirements of Alcorn v. State, 121 So.3d 419 (Fla.2013), as to Claim 1 N only, if he can do so in good faith. See Fla. R. Crim. P. 3.850(f)(3); see also Ramos v. State, 141 So.3d 643 (Fla. 4th DCA 2014). We affirm the case in all other respects.

Affirmed in part, reversed in part, and remanded.

DAMOORGIAN, C.J., MAY and CIKLIN, JJ., concur.

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PER CURIAM.

The defendant appeals the trial court’s summary denial of multiple claims for post-conviction relief under rule 3.850, and the denial of two other claims after an evidentiary hearing. We reverse and remand the case. The trial court shall allow the defendant a reasonable time to file an amended motion that meets the pleading requirements of Alcorn v. State, 121 So.3d 419 (Fla.2013), as to Claim 1 N only, if he can do so in good faith. See Fla. R. Crim. P. 3.850(f)(3); see also Ramos v. State, 141 So.3d 643 (Fla. 4th DCA 2014). We affirm the case in all other respects.

Affirmed in part, reversed in part, and remanded.

DAMOORGIAN, C.J., MAY and CIKLIN, JJ., concur.

John Michael Sydoriak v. State, 162 So. 3d 111, 2014 Fla. App. LEXIS 16793, 2014 WL 5149132 (Fla. Ct. App. 2014).

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Opinion

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