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108 So. 3d 721

Prucha v. State

District Court of Appeal of Florida · decided 2013-03-01

Relies on Spera v. State

Decided 2013-03-01

PER CURIAM.

¶1We 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).

¶2AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

TORPY, EVANDER and BERGER, JJ., concur.
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