Florida District Courts of Appeal, 2016

Benjamin L. Blunt, Jr. v. State

Benjamin L. Blunt, Jr. v. State
Florida District Courts of Appeal · Decided July 29, 2016 · Lawson, Orfinger, Evander
196 So. 3d 573; 2016 Fla. App. LEXIS 11525; 2016 WL 4069623 (Southern Reporter, Third Series)

Benjamin L. Blunt, Jr. v. State

Opinion

PER CURIAM.

Benjamin Lee Blunt, Jr,, appeals the summary denial of his motion for postconviction relief. Although unclear, it appears to us, as it did to the trial court, that the motion was filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s summary denial of the motion, but conclude that Blunt should have been given an opportunity to amend his facially defective motion if he can do so in good faith. See Fla. R. Crim, P. 3.850(b)(1); Spera v. State, 971 So.2d 754, 761-62 (Fla. 2007).

AFFIRMED IN PART; REVERSED IN PART.

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

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