MARCUS GASKIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Marcus Gaskin appeals the summary denial of his motion for post-conviction relief. We affirm as to ground three, which we conclude cannot be made legally sufficient. See Sanders v. State, 946 So. 2d 953 (Fla.2006). We reverse the summary denial of grounds one and two and direct the trial court on remand to strike those two grounds as legally insufficient and allow Gaskin to refile them, if he can do so in good faith, within a short amount of time. See Spera v. State, 971 So. 2d 754 (Fla.2007).
Affirmed in part, Reversed in part, and Remanded.
SHAHOOD, C.J., and STONE, J., concur. FARMER, J., concurs specially with opinion.
FARMER, J.,
concurring specially.
I agree that defendant should be allowed to amend grounds one and two. They are legally insufficient because, as phrased, they do not appear to indicate a probability that the outcome would have been different with the precise testimony the two witnesses were said to have been able to give.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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B. P. v. State, 292 So. 3d 1273 (Fla. 2d DCA 2022)…d 499, 503 (Fla. 4th DCA 2013)), rev'd State v. A.C., SC20-1831 (Fla. Aug. 6, 2021). Further, if the court intends on ordering restitution based solely on evidence adduced at the adjudicatory hearing, the child must be given notice. J.G. v. State, 978 So. 2d 270, 272 (Fla. 4th DCA 2008); L.S. v. State, 975 So. 2d 554, 555 (Fla. 4th DCA 2008). The State concedes error; the trial court failed to make the necessary findings and did not provide the requisite notice to B.P. We agree. Accordingly, we reverse the…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Sanders v. State, 946 So. 2d 953 (Fla. 2006)