Opinion
No. 4D12–3596.
2013-05-8
Terrance McCLOUD, Appellant, v. STATE of Florida, Appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. 06–2007021816CF10A. Terrance McCloud, Okeechobee, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Sue–Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. 06–2007021816CF10A.
Terrance McCloud, Okeechobee, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Sue–Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
The defendant appeals the circuit court's order summarily denying his pro se Florida Rule of Criminal Procedure 3.850 motionfor post-conviction relief as to his grand theft conviction. The circuit court denied the motion based on its conclusion that the defendant was represented by counsel at the time he filed his motion. However, as the state acknowledges, the defendant was not represented by counsel at the time he filed his motion. Therefore, we reverse the circuit court's order summarily denying the defendant's motion. We remand for the circuit court to determine whether the defendant's motion presented any facially valid claims and, if so, to address those claims on the merits.
Reversed and remanded.