Akoon v. State

Full title: Wayne AKOON, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Sep 30, 2016

201 So. 3d 213 (Fla. Dist. Ct. App. 2016)

Opinion

No. 5D16–1285.

09-30-2016

Wayne AKOON, Appellant, v. STATE of Florida, Appellee.

Wayne Akoon, Bowling Green, pro se. No Appearance for Appellee.

PER CURIAM.

Wayne Akoon, Bowling Green, pro se.

No Appearance for Appellee.

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.