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Baldwin v. State

District Court of Appeal of Florida, Second District
Apr 4, 2008
978 So. 2d 257 (Fla. Dist. Ct. App. 2008)

Summary

reversing summary denial of claim that counsel was ineffective in not objecting to the prosecutor's closing argument in which the prosecutor allegedly vouched for the credibility of witnesses and remanding the "conclusory and facially insufficient" claim pursuant to Spera

Summary of this case from Mayes v. State

Opinion

No. 2D07-2124.

April 4, 2008.

Appeal from the Circuit Court, Hillsborough County, Daniel L. Perry, J.

James Marion Moorman, Public Defender, and Jackson S. Flyte, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


Kenneth Baldwin appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Without further comment, we affirm the summary denial of claim three of his motion and the nonsummary denial of claims one, four, and five of his motion.

In claim two, Baldwin asserted that defense counsel was ineffective for failing to object to the State's comments in closing arguments in which the State allegedly vouched for the credibility of the State's witnesses. The postconviction court denied this claim as conclusory because Baldwin failed to allege which comments made by the State were objectionable. We agree that Baldwin's claim is conclusory and facially insufficient. However, in light of the recent opinion in Spera v. State, 971 So.2d 754 (Fla. 2007), we reverse the portion of the postconviction court's order denying this claim and remand for the postconviction court to strike this portion of Baldwin's motion with leave to amend within a reasonable period of time.

Affirmed in part, reversed in part, and remanded.

SILBERMAN, CANADY, and WALLACE, JJ., Concur.


Summaries of

Baldwin v. State

District Court of Appeal of Florida, Second District
Apr 4, 2008
978 So. 2d 257 (Fla. Dist. Ct. App. 2008)

reversing summary denial of claim that counsel was ineffective in not objecting to the prosecutor's closing argument in which the prosecutor allegedly vouched for the credibility of witnesses and remanding the "conclusory and facially insufficient" claim pursuant to Spera

Summary of this case from Mayes v. State

reversing denial of conclusory claim and remanding with directions to strike the insufficient claim

Summary of this case from Oquendo v. State
Case details for

Baldwin v. State

Case Details

Full title:Kenneth BALDWIN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Apr 4, 2008

Citations

978 So. 2d 257 (Fla. Dist. Ct. App. 2008)

Citing Cases

Oquendo v. State

In Spera v. State, 971 So.2d 754 (Fla. 2007), however, the Florida Supreme Court determined that a trial…

Mayes v. State

This court agreed with the postconviction court that the claim was facially insufficient but reversed and…