From Casetext: Smarter Legal Research

Winfrey v. State

District Court of Appeal of Florida, Fourth District.
Aug 23, 2017
226 So. 3d 897 (Fla. Dist. Ct. App. 2017)

Opinion

No. 4D16-4140.

08-23-2017

Donnie WINFREY, Appellant, v. STATE of Florida, Appellee.

Donnie Winfrey, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.


Donnie Winfrey, Perry, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

Donnie Winfrey appeals the summary denial of his amended rule 3.850 motion for postconviction relief. The trial court failed to rule on Winfrey's claim within ground one that counsel failed to advise him, before he entered an open plea, that the court could impose consecutive sentences. We therefore reverse and remand for the trial court to consider that claim. See , e.g. , Hebert v. State , 162 So.3d 64 (Fla. 4th DCA 2014). We affirm the denial of Winfrey's other claims.

Affirmed in part; reversed and remanded in part.

Damoorgian, Ciklin and Levine, JJ., concur.


Summaries of

Winfrey v. State

District Court of Appeal of Florida, Fourth District.
Aug 23, 2017
226 So. 3d 897 (Fla. Dist. Ct. App. 2017)
Case details for

Winfrey v. State

Case Details

Full title:Donnie WINFREY, Appellant, v. STATE of Florida, Appellee.

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

Date published: Aug 23, 2017

Citations

226 So. 3d 897 (Fla. Dist. Ct. App. 2017)

Citing Cases

LeClaire v. State

However, where the postconviction court fails to address the claim as raised, remand is appropriate. See…