Legal Opinion

Jacob Hornstra v. State

District Court of Appeal of Florida

Decided April 28, 2017No. Case 5D17-388PublishedCited by 2 opinions

1Opinion of the CourtWallis, J.

Jacob Hornstra appeals the postconviction court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm the denial of claims 1 through 3 without further discussion. However, we reverse and remand the postconviction court’s dismissal of claim 4 with instructions to either attach records conclusively refuting the claim or hold an evidentiary hearing.

In December 2010, Hornstra pleaded no contest to lewd or lascivious molestation of a child less than twelve years of age and lewd or lascivious solicitation. The trial court sentenced Hornstra to…

2Cases cited3 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Kirby v. StateDistrict Court of Appeal of Florida · 1997
  3. Boyington v. StateDistrict Court of Appeal of Florida · 2013

3Cited by2 opinions

  1. Garrett v. StateDistrict Court of Appeal of Florida · 2019
  2. Garrett v. StateDistrict Court of Appeal of Florida · 2019

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