REYNELDON J. DAVIS
v.
STATE
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The trial court's denial of post-conviction relief under Rule 3.850 was affirmed.
[1] A claim in a Rule 3.850 post-conviction relief petition that is facially insufficient may be subject to remand for an opportunity to amend rather than outright dismissal.
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Join FLexlaw to unlock all legal intelligenceReyneldon J. Davis appealed a circuit court decision denying his Rule 3.850 post-conviction relief petition in Orange County.…
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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.
2
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.