BURKE v. STATE

No. 5D10-1348.

40 So.3d 867 (2010)

James Junior BURKE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 16, 2010.


Attorney(s) appearing for the Case

James Junior Burke, Bushnell, pro se.

Bill McCollum, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

James J. Burke appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of Burke's first and second claims without further discussion. As to Burke's third claim, we agree with the trial court's conclusion that the claim was insufficiently pled. However, as the State properly concedes, it was error to deny this claim with prejudice. Rather, Burke should have been provided...

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