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979 So. 2d 359

Ramos v. State

District Court of Appeal of Florida · decided 2008-04-11

Relies on Spera v. State

Decided 2008-04-11

¶1GRIFFIN, J.

¶2We are bound to reverse and remand the appealed order summarily denying claims three and five of Appellant’s Rule 3.850 post-conviction motion pursuant to the high court’s recent decision in Spera v. State, 971 So.2d 754 (Fla.2007). Under Spera, Appellant is entitled to an opportunity to replead these two claims, which the *360trial court correctly found to be devoid of facts, conclusory and legally insufficient.

¶3REVERSED and REMANDED.

¶4SAWAYA and COHEN, JJ„ concur.

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