Carbo v. State

District Court of Appeal of Florida

Carbo v. State

980 So. 2d 1148, 2008 Fla. App. LEXIS 4378, 2008 WL 818258

District Court of Appeal of Florida·Decided March 28, 2008·No. No. 5D07-2391·Published

Opinion

PER CURIAM.

The trial court’s summary denial of the first two grounds of appellant’s Rule 3.850¹ motion for post-conviction relief was correct. However, in accordance with the requirements of the recent Florida Supreme Court decision in Spera v. State, 971 So.2d 754 (Fla.2007), we reverse the trial court’s summary denial of ground three and remand to allow the appellant an opportunity to amend this claim, which the trial court found to be legally insufficient.

AFFIRMED in part, REVERSED in part and REMANDED.

PALMER, C.J., GRIFFIN and PLEUS, JJ., concur.

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PER CURIAM.

The trial court’s summary denial of the first two grounds of appellant’s Rule 3.850¹ motion for post-conviction relief was correct. However, in accordance with the requirements of the recent Florida Supreme Court decision in Spera v. State, 971 So.2d 754 (Fla.2007), we reverse the trial court’s summary denial of ground three and remand to allow the appellant an opportunity to amend this claim, which the trial court found to be legally insufficient.

AFFIRMED in part, REVERSED in part and REMANDED.

PALMER, C.J., GRIFFIN and PLEUS, JJ., concur.

Carbo v. State, 980 So. 2d 1148, 2008 Fla. App. LEXIS 4378, 2008 WL 818258 (Fla. Ct. App. 2008).

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Opinion

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