Savage v. State

District Court of Appeal of Florida

Savage v. State

172 So. 3d 548, 2015 Fla. App. LEXIS 12033, 2015 WL 4768976

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 2015

DocketNo. 5D14-4432

StatusPublished

This text of 172 So. 3d 548 (Savage 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.

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Savage v. State, 172 So. 3d 548, 2015 Fla. App. LEXIS 12033, 2015 WL 4768976 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Paul Savage appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We affirm the trial court’s order denying relief as to all claims asserted in the motion, except that part of the order denying grounds one and eight. As to these two claims, the court should have permitted Savage an opportunity to amend his motion pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). We remand to the trial court to allow .Savage to amend his motion to state facially sufficient claims, if it is possible for him to do so. See Pierre v. State, 973 So.2d 547 (Fla. 5th DCA 2008).

AFFIRMED in part; REVERSED in part; and REMANDED.

LAWSON, C.J., ORFINGER and EVANDER, JJ., concur.

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PER CURIAM.

Paul Savage appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We affirm the trial court’s order denying relief as to all claims asserted in the motion, except that part of the order denying grounds one and eight. As to these two claims, the court should have permitted Savage an opportunity to amend his motion pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). We remand to the trial court to allow .Savage to amend his motion to state facially sufficient claims, if it is possible for him to do so. See Pierre v. State, 973 So.2d 547 (Fla. 5th DCA 2008).

AFFIRMED in part; REVERSED in part; and REMANDED.

LAWSON, C.J., ORFINGER and EVANDER, JJ., concur.

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172 So. 3d 548, 2015 Fla. App. LEXIS 12033, 2015 WL 4768976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savage-v-state-fladistctapp-2015.

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