Florida District Courts of Appeal, 2008

Jones v. State

Florida District Courts of Appeal · Decided September 11, 2008 · Allen, Benton, Davis

989 So. 2d 1257; 2008 Fla. App. LEXIS 13933; 2008 WL 4163144 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Brinson v. State (Fla. Dist. Ct. App. 2008)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The appellant seeks review of the trial court’s order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant’s claim that counsel was ineffective for failing to file a motion to suppress is 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 insuffi-*1258eient claim within a reasonable period of time. The remaining claims are affirmed without further discussion.

AFFIRMED in part, and REVERSED and REMANDED in part.

ALLEN, DAVIS, and BENTON, JJ„ concur.

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