MANGRAM v. State

10 So. 3d 1196, 2009 Fla. App. LEXIS 7924, 2009 WL 1636783
District Court of Appeal of Florida·Decided June 12, 2009·No. 1D09-0341·Published

Opinion

PER CURIAM.

The appellant seeks review of the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant’s third claim that counsel was ineffective for failing to call a witness and the appellant’s fourth claim that counsel was ineffective for failing to object to inconsistencies between testimony and the 911 call are both facially insufficient. In accordance with Spera v. State, 971 So.2d 754 (Fla.2007), we reverse and remand for the trial court to allow the appellant the opportunity to amend his facially insufficient claims within a reasonable period of time. The remaining claims are affirmed without further discussion.

AFFIRMED in part, and REVERSED in part, and REMANDED.

BARFIELD, PADOVANO, and LEWIS, JJ., concur.

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MANGRAM v. State, 10 So. 3d 1196, 2009 Fla. App. LEXIS 7924, 2009 WL 1636783 (Fla. Ct. App. 2009).

10 So. 3d 1196 (MANGRAM v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Spera v. State
971 So. 2d 754 (Supreme Court of Florida, 2007)