McMillan v. State

34 So. 3d 106, 2010 Fla. App. LEXIS 4933, 2010 WL 1460237
CourtDistrict Court of Appeal of Florida
DecidedApril 14, 2010
DocketNo. 3D09-2416
StatusPublished

This text of 34 So. 3d 106 (McMillan 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.

Bluebook
McMillan v. State, 34 So. 3d 106, 2010 Fla. App. LEXIS 4933, 2010 WL 1460237 (Fla. Ct. App. 2010).

Opinion

PER CURIAM.

Cortez McMillan (“the defendant”) appeals from the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm in part, and remand for further proceedings.

In his initial motion, the defendant raised two issues. Thereafter, he filed two amendments to his Rule 3.850 motion, raising three additional issues. The trial court denied the issues raised in the initial motion, but has not yet ruled on the issues raised in the amendments to the motion.

Accordingly, we affirm the trial court’s order denying on issues one and two, but remand for further proceedings on issues three through five.

Affirmed in part, and remanded for further proceedings.

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Bluebook (online)
34 So. 3d 106, 2010 Fla. App. LEXIS 4933, 2010 WL 1460237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillan-v-state-fladistctapp-2010.