Hockaday v. State

Full title: Charles HOCKADAY, Appellant, v. STATE of Florida, Appellee.

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

Date published: Aug 21, 2015

172 So. 3d 566 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D15–1507.

08-21-2015

Charles HOCKADAY, Appellant, v. STATE of Florida, Appellee.

Charles Hockaday, Live Oak, pro se. No Appearance for Appellee.

PER CURIAM.

Charles Hockaday, Live Oak, pro se.

No Appearance for Appellee.

Opinion

PER CURIAM.

Charles Hockaday appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We affirm the trial court's order denying relief as to all claims asserted in the motion except that part of the order denying claim 3 (newly discovered evidence). As to this claim, the court should permit Hockaday an opportunity to amend his motion pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). We remand to the trial court to allow Hockaday to amend his motion to state a facially sufficient claim, if it is possible for him to do so. See Pierre v. State, 973 So.2d 547 (Fla. 5th DCA 2008).

AFFIRMED in part; REVERSED in part; and REMANDED.

SAWAYA, ORFINGER and BERGER, JJ., concur.