Olmo v. State

District Court of Appeal of Florida

Olmo v. State

174 So. 3d 1021, 2015 Fla. App. LEXIS 10845, 2015 WL 4366518

CourtDistrict Court of Appeal of Florida

DecidedJuly 17, 2015

DocketNo. 5D14-3243

StatusPublished

This text of 174 So. 3d 1021 (Olmo 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

Olmo v. State, 174 So. 3d 1021, 2015 Fla. App. LEXIS 10845, 2015 WL 4366518 (Fla. Ct. App. 2015).

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Opinion

WALLIS, J.

Appellant appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postcon-viction relief, asserting seven claims for relief. We affirm the trial court’s denial of Appellant’s claims 1, 2, 4, 5, 6(A), and 6(B). We reverse the trial court’s summary denial of Appellant’s claim 3 and remand for Appellant to plead facially sufficient ineffective-assistance-of-counsel claims that do not comingle the defenses of insanity, super-induced by the long and continued use of intoxicants, and involun- ■ tary intoxication. Any amendment to the [1022]*1022pleadings must be made within 60 days of the date of this opinion.

AFFIRMED in Part, REVERSED in Part, and REMANDED.

LAWSON, C.J., and PALMER, J., concur.

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WALLIS, J.

Appellant appeals the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postcon-viction relief, asserting seven claims for relief. We affirm the trial court’s denial of Appellant’s claims 1, 2, 4, 5, 6(A), and 6(B). We reverse the trial court’s summary denial of Appellant’s claim 3 and remand for Appellant to plead facially sufficient ineffective-assistance-of-counsel claims that do not comingle the defenses of insanity, super-induced by the long and continued use of intoxicants, and involun- ■ tary intoxication. Any amendment to the [1022]*1022pleadings must be made within 60 days of the date of this opinion.

AFFIRMED in Part, REVERSED in Part, and REMANDED.

LAWSON, C.J., and PALMER, J., concur.

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Bluebook (online)

174 So. 3d 1021, 2015 Fla. App. LEXIS 10845, 2015 WL 4366518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olmo-v-state-fladistctapp-2015.