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Christopher Bachman v. State of Florida
Citation: 253 So. 3d 1250Docket: 17-1723
Court: District Court of Appeal of Florida; September 5, 2018; Florida; State Appellate Court
Original Court Document: View Document
Christopher Bachman appeals a circuit court order that denied nearly all of his seventeen claims for postconviction relief under Florida Rule of Criminal Procedure 3.850. The circuit court had conducted an evidentiary hearing prior to issuing the order. One significant point of contention in Bachman's appeal is that the court failed to address a specific claim regarding defense counsel’s failure to object to improper arguments made by the State. Although Bachman correctly notes the omission of this claim, the court finds that this lack of ruling on one of his claims ultimately deprives it of jurisdiction to hear the appeal. Citing precedent, the court emphasizes that an order resolving only some of the claims is not an appealable final order. As a result, the appeal is dismissed without prejudice, allowing Bachman the opportunity to file a future appeal once the circuit court has ruled on all claims in his motion. The dismissal is noted to be not final until any timely motion under Florida Appellate Procedure Rules 9.330 or 9.331 is addressed. Judges WOLF, OSTERHAUS, and WINSOR concurred with the decision.