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James S. DAY, Jr., Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2016-01-20No. No. 4D15-297
183 So. 3d 467

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Opinion

majority opinion

PER CURIAM.

James Day appeals an order summarily denying a successive rule 3.850 motion and sanctioning him for frivolous filing. We affirm the summary denial of his postcon-viction motion, but reverse and remand the sanction order for the trial court to follow the procedure in rule 3.85Q(n) before imposing a sanction. ■ Affirmed in part and reversed in part, and remanded with instructions.

CIKLIN, C.J., TAYLOR and CONNER, JJ., concur.