Florida District Courts of Appeal, 2017

Lacey v. State

Lacey v. State
Florida District Courts of Appeal · Decided July 5, 2017 · Conner, Damoorgian, Taylor
221 So. 3d 689; 2017 WL 2858891; 2017 Fla. App. LEXIS 9649 (Southern Reporter, Third Series)

Lacey v. State

Opinion of the Court

Per Curiam.

Appellant Randall Lacey appeals the summary denial of his rule 3.850 motion for post-conviction relief. The State concedes that the trial court erred in failing to allow Lacey an opportunity to amend the motion. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State, 971 So.2d 754 (Fla. 2007). We therefore reverse and remand for the trial court to afford Lacey an opportunity to file a facially sufficient motion.

Reversed and remanded.

Taylor, Damoorgian and Conner, JJ., concur.

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