Matthew Pirie 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 MATTHEW PIRIE, Appellant, v. Case No. 5D14-2 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 29, 2014 3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. Matthew Pirie, Madison, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Matthew Pirie appeals the summary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm as to all claims except Price s third claim, which concerns an alleged double jeopardy violation. We remand this claim to the trial court for reconsideration in light of our opinion in Pinder v. State, 128 So. 3d 141 (Fla. 5th DCA 2013), which was issued after the trial court s order. AFFIRMED in part; REVERSED in part; and REMANDED. TORPY, C.J., ORFINGER and LAWSON, JJ., concur. 2

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