Florida District Courts of Appeal, 1993

Kapala v. State

Kapala v. State
Florida District Courts of Appeal · Decided January 13, 1993 · Anstead, Farmer, Glickstein
610 So. 2d 741; 1993 Fla. App. LEXIS 466; 1993 WL 5880 (Southern Reporter, Second Series)

Kapala v. State

Opinion of the Court

PER CURIAM.

We treat the order on appeal as summarily denying appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850 and affirm.

GLICKSTEIN, C.J., and FARMER, J., concur. ANSTEAD, J., concurs specially with opinion.

Concurring Opinion

ANSTEAD, Judge,

concurring specially.

While it appears that appellant’s pending motion for post-conviction relief may be without merit, it also appears that he may be able to amend the petition to state a claim under our recent decision in Hassoun v. State, 609 So.2d 1347 (Fla. 4th DCA 1992).

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