114 So. 3d 1090

John R. HATTON, Appellant, v. STATE of Florida, Appellee.

No. 2D12-3216.

District Court of Appeal of Florida, Second District.

June 12, 2013.

Thomas Matthew McLaughlin, Clear-water, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Sonya Roebuck Horbelt, Assistant Attorney General, Tampa, for Ap-pellee.

SILBERMAN, Chief Judge.

In this postconviction appeal, John R. Hatton seeks review of the orders summarily denying his claim of newly discovered evidence and denying two claims of ineffective assistance of counsel after an evidentiary hearing. The postconviction court’s determination that counsel’s decisions were strategic and its corresponding denial of relief on the two claims after a hearing were proper. Although the court correctly determined that the newly discovered evidence claim was facially insufficient, the court should have allowed Hat-ton an opportunity to amend. See Spera v. State, 971 So.2d 754, 761 (Fla.2007). Thus, we reverse and remand the order summarily denying that claim with directions for the court to afford Hatton leave to amend within a reasonable time under Spera.

Affirmed in part, reversed in part, and remanded.

KELLY and MORRIS, JJ., Concur.

Hatton v. State
114 So. 3d 1090

Case Details

Name
Hatton v. State
Decision Date
Jun 12, 2013
Citations

114 So. 3d 1090

Jurisdiction
Florida

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