Florida District Courts of Appeal, 2011

Rivera v. State

Rivera v. State
Florida District Courts of Appeal · Decided March 18, 2011 · Lawson, Sawaya, Torpy
56 So. 3d 906; 2011 Fla. App. LEXIS 3572; 2011 WL 917537 (Southern Reporter, Third Series)

Rivera v. State

Opinion of the Court

PER CURIAM.

The trial court summarily denied Appellant’s motion without attaching records or providing reasons. Perhaps the trial court believed the motion was successive because of the way Appellant labeled his motion. It is neither successive nor untimely. It is facially insufficient, however, but Appellant should have been given an opportunity to amend the motion. Spera v. State, 971 So.2d 754 (Fla. 2007). The State properly concedes error.

REVERSED AND REMANDED.

SAWAYA, TORPY and LAWSON, JJ., concur.

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