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114 So. 3d 1010

Banks v. State

District Court of Appeal of Florida

Decided August 17, 2012

District Court of Appeal of Florida · decided 2012-08-17

Cited by 3 later decisions — most recently December 2015

3 state decisions

Relies on Spera v. State · Brockway v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2012-08-17

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PALMER, J.

¶1Bradford B. Banks, Jr. (defendant) appeals the trial court’s summary denial of *1011his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse in part and affirm in part.

¶2As to ground 1 of the defendant’s motion, the trial court erred in concluding that the motion was untimely, because the motion was timely filed within two years of this court’s affirmance of the defendant’s sentence. See Banks v. State, 968 So.2d 576 (Fla. 5th DCA 2007). Accordingly, we reverse and remand for consideration of the merits of ground 1.

¶3As to ground 2, we find no error in the trial court’s ruling.

¶4As to ground 8, we reverse because the defendant should have been given an opportunity, pursuant to Spera v. State, 971 So.2d 754 (Fla.2007), to amend his claim regarding his habitual offender status.

¶5AFFIRMED in part, REVERSED in part, and REMANDED.

TORPY and JACOBUS, JJ., concur.
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