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975 So. 2d 1216

Jenkins v. State

District Court of Appeal of Florida · decided 2008-03-07

Relies on Spera v. State

Decided 2008-03-07

PER CURIAM.

¶1Appellant challenges the summary denial of his rule 3.850 motion. We agree with the State that, as to witness Espute, this issue should have been raised on direct appeal. Accordingly, we affirm the trial court on this issue. As to potential witness Tomlinson, based on the State’s concession that the trial court erred in not permitting Appellant to amend his motion, we reverse and remand with instructions that the trial court permit Appellant to amend his motion. See Spera v. State, 971 So.2d 754 (Fla.2007).

¶2AFFIRMED in part; REVERSED in part, and REMANDED.

GRIFFIN, MONACO and TORPY, JJ., concur.
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