Florida District Courts of Appeal, 2009

Vars v. State

Vars v. State
Florida District Courts of Appeal · Decided November 18, 2009 · Damoorgian, Ciklin
20 So. 3d 1027; 2009 Fla. App. LEXIS 17246; 2009 WL 3837080 (Southern Reporter, Third Series)

Vars v. State

Opinion

PER CURIAM.

The defendant appeals an order summarily denying his motion for post conviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. He argues the trial court erred in summarily denying the motion without providing him an opportunity to amend to cure the technical defect. The State agrees. We therefore reverse and remand the case to the trial court to allow the defendant an opportunity to amend his motion for post-conviction relief. See Spera v. State, 971 So.2d 754 (Fla. 2007).

Reversed, and Remanded.

MAY, DAMOORGIAN and CIKLIN, JJ., concur.

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