McMillan v. State
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.
Opinion
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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Cite This Page — Counsel Stack
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.