Florida District Courts of Appeal, 2016

James S. Day, Jr. v. State of Florida

James S. Day, Jr. v. State of Florida
Florida District Courts of Appeal · Decided January 20, 2016 · Ciklin, Taylor, Conner
183 So. 3d 467; 2016 Fla. App. LEXIS 722; 2016 WL 231500 (Southern Reporter, Third Series)

James S. Day, Jr. v. State of Florida

Opinion

PER CURIAM.

James Day appeals an order summarily denying a successive rule 3.850 motion and sanctioning him for frivolous filing. We affirm the summary denial of his postcon-viction motion, but reverse and remand the sanction order for the trial court to follow the procedure in rule 3.85Q(n) before imposing a sanction. ■

Affirmed in part and reversed in part, and remanded with instructions.

CIKLIN, C.J., TAYLOR and CONNER, JJ., concur.

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