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Mackeroy v. State

District Court of Appeal of Florida, Fourth District
Jul 9, 2008
984 So. 2d 1291 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D08-528.

July 9, 2008.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John J. Murphy, III, Judge; L.T. Case No. 06-23055 CF10A.

Chadarius Mackeroy, Fort Lauderdale, pro se.

No appearance required for appellee.


Chadarius Mackeroy appeals the summary denial of his motion for postconviction relief. We affirm as to ground one, which we conclude cannot be made legally sufficient. See Iacono v. State, 930 So.2d 829 (Fla. 4th DCA 2006). We reverse the summary denial as to ground two and direct the trial court on remand to strike this ground as legally insufficient and allow Mackeroy to refile it, if he can do so in good faith, within a short amount of time. See Spera v. State, 971 So.2d 754 (Fla. 2007).

STONE, GROSS and HAZOURI, JJ., concur.


Summaries of

Mackeroy v. State

District Court of Appeal of Florida, Fourth District
Jul 9, 2008
984 So. 2d 1291 (Fla. Dist. Ct. App. 2008)
Case details for

Mackeroy v. State

Case Details

Full title:Chadarius MACKEROY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 9, 2008

Citations

984 So. 2d 1291 (Fla. Dist. Ct. App. 2008)