George Olmo v. State
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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 GEORGE OLMO, Appellant, v. Case No. 5D14-3243 STATE OF FLORIDA , Appellee. ________________________________/ Opinion filed July 17, 2015. 3.850 Appeal from the Circuit Court for Hernando County, Stephen E. Toner, Jr., Judge. George Olmo, Punta Gorda, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. WALLIS, J. Appellant appeals the trial court's summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief, asserting seven claims for relief. We affirm the trial court's denial of Appellant's claims 1, 2, 4, 5, 6(A), and 6(B). We reverse the trial court's summary denial of Appellant's claim 3 and remand for Appellant to plead facially sufficient ineffective-assistance-of-counsel claims that do not comingle the defenses of insanity, super-induced by the long and continued use of intoxicants, and involuntary intoxication. Any amendment to the pleadings must be made within 60 days of the date of this opinion. AFFIRMED in Part, REVERSED in Part, and REMANDED. LAWSON, C.J., and PALMER, J., concur. 2
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