Robert Lee Cook v. State

162 So. 3d 333, 2015 Fla. App. LEXIS 4279, 2015 WL 1334363

Opinion

PER CURIAM.

Robert Lee Cook appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We accept the state’s partial concession and reverse and remand to allow Cook an opportunity to amend claim six pursuant to Spera v. State, 971 So.2d 754 (Fla.2007), and Alcorn v. State, 121 So.3d 419 (Fla.2013). We affirm the trial court’s denial of the remaining claims.

The trial court denied the motion based on the State’s response which argued that Cook should be granted sixty days to file an amended motion with respect to claim six. The trial court provided no explanation other than to incorporate the State’s response into the order of denial. Accordingly, we reverse and remand for the trial court to allow Cook an opportunity to correct the pleading deficiencies in claim six if he can do so in good faith. See Fla. R.Crim. P. 3.850(f)(3).

Affirmed in part, reversed in part, and remanded.

DAMOORGIAN, C.J., LEVINE and KLINGENSMITH, JJ., concur.