IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED REYNELDON J. DAVIS, Appellant, v. Case No. 5D18-1475 STATE OF FLORIDA, Appellee. ________________________________/ Decision filed August 31, 2018 3.850 Appeal from the Circuit Court for Orange County, John E. Jordan, Judge.

Spencer Rhodes, of R. Spencer Rhodes, PA, Orlando, for Appellant.

No Appearance for Appellee.

PER CURIAM.

AFFIRMED.

SAWAYA and PALMER, JJ., concur.

EISNAUGLE, J., concurring in part and dissenting in part.

CASE NO. 5D18-1475 EISNAUGLE, J., concurring in part and dissenting in part.

I conclude that claim one is facially insufficient and therefore would remand that claim for an opportunity to amend. See Alvarez v. State, 43 Fla. L. Weekly D1632 (Fla. 5th DCA July 20, 2018). I would otherwise affirm.