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56 So. 3d 906

Rivera v. State

District Court of Appeal of Florida · decided 2011-03-18

Cited by 2 later decisions — most recently October 2015

2 state decisions

Relies on Spera v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2011-03-18

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PER CURIAM.

¶1The trial court summarily denied Appellant’s motion without attaching records or providing reasons. Perhaps the trial court believed the motion was successive because of the way Appellant labeled his motion. It is neither successive nor untimely. It is facially insufficient, however, but Appellant should have been given an opportunity to amend the motion. Spera v. State, 971 So.2d 754 (Fla.2007). The State properly concedes error.

¶2REVERSED AND REMANDED.

SAWAYA, TORPY and LAWSON, JJ., concur.
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