Wayne Akoon v. State

District Court of Appeal of Florida

Wayne Akoon v. State

201 So. 3d 213, 2016 Fla. App. LEXIS 14626

CourtDistrict Court of Appeal of Florida

DecidedSeptember 30, 2016

Docket5D16-1285

StatusPublished

This text of 201 So. 3d 213 (Wayne Akoon 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

Wayne Akoon v. State, 201 So. 3d 213, 2016 Fla. App. LEXIS 14626 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

Wayne Akoon appeals the summary denial of his claim for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial as to Akoon’s first and second claim without comment. However, we reverse as to claim three (erroneously labeled as claim four) as it is facially insufficient and Akoon should have been given an opportunity to amend the claim within a reasonable period of time. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla.2007); Calderon v. State, 840 So.2d 427, 430 (Fla. 2d DCA 2003).

AFFIRMED IN PART; REVERSED IN PART.

SAWAYA, ORFINGER and BERGER, JJ., concur.

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PER CURIAM.

Wayne Akoon appeals the summary denial of his claim for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial as to Akoon’s first and second claim without comment. However, we reverse as to claim three (erroneously labeled as claim four) as it is facially insufficient and Akoon should have been given an opportunity to amend the claim within a reasonable period of time. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla.2007); Calderon v. State, 840 So.2d 427, 430 (Fla. 2d DCA 2003).

AFFIRMED IN PART; REVERSED IN PART.

SAWAYA, ORFINGER and BERGER, JJ., concur.

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Bluebook (online)

201 So. 3d 213, 2016 Fla. App. LEXIS 14626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wayne-akoon-v-state-fladistctapp-2016.

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