Nolan v. State

District Court of Appeal of Florida

Nolan v. State

881 So. 2d 635, 2004 Fla. App. LEXIS 11658, 2004 WL 1751565

District Court of Appeal of Florida·Decided August 6, 2004·No. No. 5D04-1019·Published

Opinion

PER CURIAM.

We affirm the trial court’s denial of grounds 1, 3 and 4 of Christopher Nolan’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We remand the matter to the trial court for further consideration of ground 2 of Nolan’s postconviction motion in light of the supreme court’s opinion in Grosvenor v. State, 874 So.2d 1176 (Fla.2004), which had not been published at the time of the trial court’s order.

AFFIRMED IN PART AND REMANDED.

SHARP, W. and ORFINGER, JJ., concur. GRIFFIN, J., dissents without opinion.

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PER CURIAM.

We affirm the trial court’s denial of grounds 1, 3 and 4 of Christopher Nolan’s motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We remand the matter to the trial court for further consideration of ground 2 of Nolan’s postconviction motion in light of the supreme court’s opinion in Grosvenor v. State, 874 So.2d 1176 (Fla.2004), which had not been published at the time of the trial court’s order.

AFFIRMED IN PART AND REMANDED.

SHARP, W. and ORFINGER, JJ., concur. GRIFFIN, J., dissents without opinion.

Nolan v. State, 881 So. 2d 635, 2004 Fla. App. LEXIS 11658, 2004 WL 1751565 (Fla. Ct. App. 2004).

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