Wayne Akoon 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 WAYNE AKOON, Appellant, v. Case No. 5D16-1285 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 30, 2016 3.850 Appeal from the Circuit Court for Orange County, Mark S. Blechman, Judge. Wayne Akoon, Bowling Green, pro se. No Appearance for Appellee. PER CURIAM. Wayne Akoon appeals the summary denial of his claim for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial as to Akoon’s first and second claim without comment. However, we reverse as to claim three (erroneously labeled as claim four) as it is facially insufficient and Akoon should have been given an opportunity to amend the claim within a reasonable period of time. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So. 2d 754 (Fla. 2007); Calderon v. State, 840 So. 2d 427, 430 (Fla. 2d DCA 2003). AFFIRMED IN PART; REVERSED IN PART. SAWAYA, ORFINGER and BERGER, JJ., concur. 2

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