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974 So. 2d 555

Docket No. 5D07-3527.

Dinkins v. State

Kelly Robin DINKINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 15, 2008.

District Court of Appeal of Florida · decided 2008-02-15

Cited by 2 later decisions — most recently June 2008

2 state decisions

Relies on Spera v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-02-15

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¶1Kelly Dinkins, Raiford, pro se.

¶2Bill McCollum, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

¶3GRIFFIN, J.

¶4Appellant, Kelly Robin Dinkins, appeals the summary denial of his Rule 3.850 motion for post-conviction relief. We affirm the appealed order, except for ground 2. Appellant contends that trial counsel was ineffective for failing to seek relief when he became aware that a juror was sleeping during important portions of the trial. The motion and supporting memorandum were rejected as legally insufficient by the trial court and, indeed, these documents lack the specificity that has emerged in this appeal. In light of the Supreme Court's recent decision in Spera v. State,971 So.2d 754 (Fla.2007), Appellant would be entitled to an opportunity to amend the claim. Given the nature of the allegations, however, it is apparent that an evidentiary hearing will be required to resolve the claim. Accordingly, we reverse and remand for that purpose.

¶5REVERSED and REMANDED.

¶6MONACO, J., and THOMPSON, E., Senior Judge, concur.

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