Florida District Courts of Appeal, 2017

Cothron v. State

Cothron v. State
Florida District Courts of Appeal · Decided April 7, 2017 · Jacobus, Orfinger, Wallis
215 So. 3d 656; 2017 Fla. App. LEXIS 4778 (Southern Reporter, Third Series)

Cothron v. State

Opinion of the Court

PER CURIAM.

Gregory Cothron appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm without comment the denial of postconviction relief except on ground three.

Cothron’s claim three is insufficiently pled, but he should be allowed an opportunity to amend. See Fla. R. Crim. P. 3.850(f)(3). On remand, Cothron shall be given an opportunity to amend ground three within sixty days as authorized by the rule.

AFFIRMED in part; REVERSED in part; REMANDED for further proceedings.

ORFINGER and WALLIS, JJ., and JACOBUS, B.W., Senior Judge, concur.

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