Florida District Courts of Appeal, 2008

Ramos v. State

Ramos v. State
Florida District Courts of Appeal · Decided April 11, 2008
979 So. 2d 359; 2008 Fla. App. LEXIS 5257; 2008 WL 977354 (Southern Reporter, Second Series)

Ramos v. State

Opinion of the Court

GRIFFIN, J.

We are bound to reverse and remand the appealed order summarily denying claims three and five of Appellant’s Rule 3.850 post-conviction motion pursuant to the high court’s recent decision in Spera v. State, 971 So.2d 754 (Fla. 2007). Under Spera, Appellant is entitled to an opportunity to replead these two claims, which the *360trial court correctly found to be devoid of facts, conclusory and legally insufficient.

REVERSED and REMANDED.

SAWAYA and COHEN, JJ„ concur.

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