Florida District Courts of Appeal, 2016

Wayne Akoon v. State

Wayne Akoon v. State
Florida District Courts of Appeal · Decided September 30, 2016 · Sawaya, Orfinger, Berger
201 So. 3d 213; 2016 Fla. App. LEXIS 14626 (Southern Reporter, Third Series)

Wayne Akoon v. State

Opinion

PER CURIAM.

Wayne Akoon appeals the summary denial of his claim for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial as to Akoon’s first and second claim without comment. However, we reverse as to claim three (erroneously labeled as claim four) as it is facially insufficient and Akoon should have been given an opportunity to amend the claim within a reasonable period of time. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla. 2007); Calderon v. State, 840 So.2d 427, 430 (Fla. 2d DCA 2003).

AFFIRMED IN PART; REVERSED IN PART.

SAWAYA, ORFINGER and BERGER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.