Vars v. State

District Court of Appeal of Florida

Vars v. State

20 So. 3d 1027, 2009 Fla. App. LEXIS 17246, 2009 WL 3837080

Procedural entryThis page is a short order in Vars v. State. Read the opinion of the Court — 2010 Fla. App. LEXIS 19458 →

District Court of Appeal of Florida·Decided November 18, 2009·No. 4D08-4558·Published

Opinion

PER CURIAM.

The defendant appeals an order summarily denying his motion for post conviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. He argues the trial court erred in summarily denying the motion without providing him an opportunity to amend to cure the technical defect. The State agrees. We therefore reverse and remand the case to the trial court to allow the defendant an opportunity to amend his motion for post-conviction relief. See Spera v. State, 971 So.2d 754 (Fla.2007).

Reversed, and Remanded.

MAY, DAMOORGIAN and CIKLIN, JJ., concur.

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PER CURIAM.

The defendant appeals an order summarily denying his motion for post conviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. He argues the trial court erred in summarily denying the motion without providing him an opportunity to amend to cure the technical defect. The State agrees. We therefore reverse and remand the case to the trial court to allow the defendant an opportunity to amend his motion for post-conviction relief. See Spera v. State, 971 So.2d 754 (Fla.2007).

Reversed, and Remanded.

MAY, DAMOORGIAN and CIKLIN, JJ., concur.

Vars v. State, 20 So. 3d 1027, 2009 Fla. App. LEXIS 17246, 2009 WL 3837080 (Fla. Ct. App. 2009).

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