GRIFFEN v. STATE (2023)

District Court of Appeal of Florida, Sixth District.

Jerry GRIFFEN, Appellant, v. STATE of Florida, Appellee.

Case No. 6D23-1279

Decided: October 13, 2023

Rachael E. Reese and Olivia M. Nathan, of O'Brien Hatfield Reese, P.A., Tampa, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

Jerry Griffen appeals the postconviction court's summary denial of his successive motion pursuant to Florida Rule of Criminal Procedure 3.850(b)(1).¹ We affirm without further discussion the postconviction court's denial of Griffen's claim predicated on Marvin Brown's affidavit. But we accept the State's concession of error on Griffen's separate claim based on Alonzo Heard's affidavit. While we express no opinion on this claim's merit, we remand to allow Griffen to amend it if he can do so in good faith. See Fla. R. Crim. P. 3.850(f)(3); Spera v. State, 971 So. 2d 754, 758 (Fla. 2007).

AFFIRMED in part, REVERSED in part, and REMANDED.

FOOTNOTES

1. This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

PER CURIAM.

TRAVER, C.J., and STARGEL and WOZNIAK, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law