GEORGE REED, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GEORGE REED, APPELLANT,
STATE OF FLORIDA, APPELLEE
989 So. 2d 721
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm without discussion the trial court’s summary denial of appellant’s grounds one through three of his motion for post conviction relief, but reverse and remand the summary denial as to ground four. We direct the trial court on remand to allow appellant to file an amended motion on that ground only, if he can in good faith, including allegations as to the content of the testimony by the potential defense eyewitness Aviance Reed. See Spera v. State, 971 So. 2d 754 (Fla.2007).
Affirmed in Part; Reversed and Remanded in Part.
SHAHOOD, C.J., WARNER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Anucinski v. State, 148 So. 3d 106 (Fla. 2014)…Court in Hall v. State, 826 So. 2d 268 (Fla.2002), as well as with the decisions of the Fourth District Court of Appeal in Gordon v. State, 24 So. 3d 727 (Fla. 4th DCA 2009), L.O.J. v. State, 974 So. 2d 491 (Fla. 4th DCA 2008), and Pomaski v. State, 989 So. 2d 721 (Fla. 4th DCA 2008), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Pursuant to section 812.025, Florida Statutes (2009), a defendant may properly be charged with both theft and dealing in stolen property. However, w…
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Lesane v. State, 33 So. 3d 822 (Fla. 4th DCA 2010)…sentence for dealing in stolen property, but we direct the trial court to enter an order vacating appellant’s judgment of conviction and sentence for grand theft. See § 812.025, Fla. Stat.; Hall v. State, 826 So. 2d 268 (Fla.2002); Pomaski v. State, 989 So. 2d 721 (Fla. 4th DCA 2008). Affirmed in part, reversed in part, and remanded. TAYLOR, GERBER and LEVINE, JJ„ concur.…
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Rollins v. State, 997 So. 2d 1288 (Fla. 4th DCA 2009)…ce, and remand so that the trial court can allow appellant to file a facially sufficient amended motion on his claim, if he can in good faith, within thirty (30) days of this court’s mandate. Spera v. State, 971 So. 2d 754 (Fla.2007); Reed v. State, 989 So. 2d 721 (Fla. 4th DCA 2008). Reversed and Remanded. TAYLOR, HAZOURI and MAY, JJ., concur.…
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- Spera v. State, 971 So. 2d 754 (Fla. 2007)