Florida District Courts of Appeal, 2010

Blacker v. State

Blacker v. State
Florida District Courts of Appeal · Decided August 18, 2010 · Damoorgian, Gross
41 So. 3d 1114; 2010 Fla. App. LEXIS 12294; 2010 WL 3239121 (Southern Reporter, Third Series)

Blacker v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s March 2, 2009 order striking appellant’s pro se amended motion for postconviction relief. Appellant was expressly given leave of court to file this amended motion to correct pleading deficiencies. See Burke v. State, 732 So.2d 1194 (Fla. 4th DCA 1999). On remand, the trial court shall consider the merits of appellant’s grounds (1) and (7) which were raised in the amended motion. We affirm the denial of all of appellant’s other claims.

Affirmed, in part and reversed in part.

GROSS, C.J., MAY and DAMOORGIAN, JJ., concur.

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