5D07-3527 Kelly Dinkins v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-3527

Case Date: 02/11/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

KELLY ROBIN DINKINS, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 15, 2008 3.850 Appeal from the Circuit Court for Orange County, Bob Wattles, Judge. Kelly Dinkins, Raiford, pro se. Bill McCollum, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D07-3527

GRIFFIN, J. Appellant, Kelly Robin Dinkins, appeals the summary denial of h is Rule 3.850 motion for post-conviction relief. We affirm the appealed order, except for ground 2. Appellant contends that trial counsel was ineffective for failing to seek relief when he became aware that a juror was sleeping during important portions of the trial. The motion and supporting memorandum were rejected as legally insufficient by the trial court and, indeed, these documents lack the specificity that has emerged in this appeal. In light of the Supreme Court's recent decision in Spera v. State , 32 Fla. L. Weekly S680 (Fla. No v. 1, 2007), Appellant would be entitled to an opportunity to amend the

claim. Given the nature of the allegations, however, it is apparent that an evidentiary hearing will be required to resolve the claim. Accordingly, we reverse and remand for that purpose. REVERSED and REMANDED. MONACO, J., and THOMPSON, E., Senior Judge, concur.

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