ROLAND THACKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of the trial court’s order summarily denying his motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant’s claims that counsel was ineffective because he had a conflict of interest, that counsel improperly conceded guilt without consulting the appellant, and that counsel failed to argue for a downward departure were all 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. We affirm without further discussion the remaining nine issues raised in the appellant’s motion.
AFFIRMED in part, and REVERSED and REMANDED, in part.
DAVIS, PADOVANO, and ROBERTS, JJ., concur.
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Cole v. State, 35 So. 3d 173 (Fla. 2d DCA 2010)…f the recent opinion in Spera v. State, 971 So. 2d 754 (Fla.2007), we reverse the summary denials of grounds one, two, and seven and remand with instructions to strike these grounds with leave to amend within a reasonable time. See Thacker v. State, 990 So. 2d 1223, 1223 (Fla. 1st DCA 2008) (following Spera); see also Deck v. State, 985 So. 2d 1234, 1238 (Fla. 2d DCA 2008) (“Nothing in the limited record before this court demonstrates that [the postconviction mov-ant] could not allege sufficient facts or preju…
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Smith v. State, 213 So. 3d 1009 (Fla. 1st DCA 2016)…wever, the appellant is entitled to one opportunity to amend to state a facially sufficient claim. See Spera v. State, 971 So. 2d 754 (Fla. 2007) (trial court must give defendant one opportunity to amend facially deficient claims); Thacker v. State, 990 So. 2d 1223 (Fla. 1st DCA 2008) (reversing denial of facially insufficient claim that counsel was ineffective for failing to argue for a downward departure for trial court to grant an opportunity to amend pursuant to Spera). Thus, we affirm in part, and reverse…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)