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