Florida District Courts of Appeal, 2015

Hockaday v. State

Hockaday v. State
Florida District Courts of Appeal · Decided August 21, 2015 · Berger, Orfinger, Sawaya
172 So. 3d 566; 2015 Fla. App. LEXIS 12533; 2015 WL 4945002 (Southern Reporter, Third Series)

Hockaday v. State

Opinion of the Court

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.

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