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DAY v. STATE

No. 4D15-297.

183 So.3d 467 (2016)

James S. DAY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 20, 2016.

Attorney(s) appearing for the Case

James S. Day, Jr., Daytona Beach, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellee.

James Day appeals an order summarily denying a successive rule 3.850 motion and sanctioning him for frivolous filing. We affirm the summary denial of his postconviction motion, but reverse and remand the sanction order for the trial court to follow the procedure in rule 3.850(n) before imposing a sanction.

Affirmed in part and reversed...

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