Florida District Courts of Appeal, 2013

Prucha v. State

Prucha v. State
Florida District Courts of Appeal · Decided March 1, 2013 · Berger, Evander, Torpy
108 So. 3d 721; 2013 WL 756644; 2013 Fla. App. LEXIS 3290 (Southern Reporter, Third Series)

Prucha v. State

Opinion of the Court

PER CURIAM.

We affirm the denial of Appellant’s rule 3.850 motion in all respects except that the trial court should have afforded Appellant the opportunity to amend claims 3 and 4, which pertain to the contention that trial counsel failed to investigate and inform Appellant about the viability of a motion to suppress evidence. Inartful and legally insufficient as the claims might be, we cannot say that Appellant cannot state a legally sufficient claim. Spera v. State, 971 So.2d 754, 758 (Fla. 2007).

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

TORPY, EVANDER and BERGER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.