LAW.coLAW.co

Terrance McCLOUD, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2013-05-08No. No. 4D12-3596
112 So. 3d 739

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM.

The defendant appeals the circuit court’s order summarily denying his pro se Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief as to his grand theft conviction. The circuit court denied the motion based on its conclusion that the defendant was represented by-counsel at the time he filed his motion. However, as the state acknowledges, the defendant was not represented by counsel at the time he filed his motion. Therefore, we reverse the circuit court’s order summarily denying the defendant’s motion. We remand for the circuit court to determine whether the defendant’s motion presented any facially valid claims and, if so, to address those claims on the merits.

Reversed and remanded.

MAY, C.J., WARNER and GERBER, JJ., concur.