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20 So. 3d 1027

Vars v. State

District Court of Appeal of Florida

Decided November 18, 2009

District Court of Appeal of Florida · decided 2009-11-18

Relies on Spera v. State

Decided 2009-11-18

PER CURIAM.

¶1 The defendant appeals an order summarily denying his motion for post conviction relief, filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. He argues the trial court erred in summarily denying the motion without providing him an opportunity to amend to cure the technical defect. The State agrees. We therefore reverse and remand the case to the trial court to allow the defendant an opportunity to amend his motion for post-conviction relief. See Spera v. State, 971 So.2d 754 (Fla.2007).

¶2 Reversed, and Remanded.

MAY, DAMOORGIAN and CIKLIN, JJ., concur.
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