Florida District Courts of Appeal, 2015

Bhoj v. State

Bhoj v. State
Florida District Courts of Appeal · Decided August 21, 2015 · Lambert, Lawson, Orfinger
172 So. 3d 564; 2015 Fla. App. LEXIS 12525; 2015 WL 4945011 (Southern Reporter, Third Series)

Bhoj v. State

Opinion of the Court

PER CURIAM.

Deodat Bhoj appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We reverse for the court to strike Bhoj’s motion and permit him an opportunity to amend his motion pursuant to Spera v. State, 971 So.2d 754 (Fla. 2007). We remand to the trial court to allow Bhoj to amend his motion to state a facially sufficient claim, if it is possible for him to do so. See Pierre v. State, 973 So.2d 547 (Fla. 5th DCA 2008).

REVERSED and REMANDED.

LAWSON, C.J., ORFINGER and LAMBERT, JJ., concur.

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