Herrera-Vega v. State
This text of 987 So. 2d 110 (Herrera-Vega v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Marcellino HERRERA-VEGA, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
Marcelino Herrera-Vega, Wewahitchka, pro se.
Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Herrera-Vega appeals from the summary denial of his Rule 3.850[1] motion for post-conviction relief. As to grounds 1, 2, 5, and 9, the trial court properly found that Herrera-Vega's motion was facially insufficient. However, as conceded by the State, Herrera-Vega should have been granted the opportunity to file an amended motion, if he could do so in good faith. Spera v. State, 971 So.2d 754 (Fla.2007). We affirm the remainder of the trial court's order.
AFFIRMED, in part; REVERSED in part; REMANDED.
PALMER, C.J., EVANDER and COHEN, JJ., concur.
NOTES
[1] Fla. R.Crim. P. 3.850.
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987 So. 2d 110, 2008 WL 2465622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrera-vega-v-state-fladistctapp-2008.