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201 So. 3d 213

Wayne Akoon v. State

District Court of Appeal of Florida

Decided September 30, 2016

District Court of Appeal of Florida · decided 2016-09-30

Relies on Spera v. State · 840 So. 2d 427 - Calderon v. State

Decided 2016-09-30

PER CURIAM.

¶1 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).

¶2 AFFIRMED IN PART; REVERSED IN PART.

SAWAYA, ORFINGER and BERGER, JJ., concur.
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