Opinion
Case No. 5D17-882
12-01-2017
TRAVIOUS D. MOZIE, Appellant, v. STATE OF FLORIDA, Appellee.
Travious D. Mozie, Crawfordville, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED 3.850 Appeal from the Circuit Court for Brevard County, James H. Earp, Judge. Travious D. Mozie, Crawfordville, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
ON MOTION FOR REHEARING
PER CURIAM.
In consideration of Appellee's October 31, 2017 motion for rehearing or clarification and Appellant's November 15, 2017 motion for rehearing, we deny Appellant's motion, grant Appellee's requested relief, withdraw our prior opinion, and substitute this opinion in its stead.
Appellant appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief, arguing the trial court erred in summarily denying all seven of his claims without granting him an opportunity to amend them. We find that the record conclusively refutes claims 1, 2, 3, and 6 and affirm their summary denial. Because we find that claims 4 and 5 are facially insufficient, we reverse and remand for the trial court to afford Appellant an opportunity to amend the claims. See Spera v. State, 971 So. 2d 754, 761 (Fla. 2007). Accordingly, we further reverse the denial of claim 7, which alleged cumulative error, and order the trial court to address the claim on remand.
AFFIRMED in Part; REVERSED and REMANDED in Part. LAMBERT, WALLIS and EISNAUGLE, JJ., concur.