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989 So. 2d 714

Docket No. 1D07-5774.

Gilmore v. State

Peggy GILMORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 27, 2008.

District Court of Appeal of Florida · decided 2008-08-27

Cited by 1 later decisions — most recently July 2009

1 state decisions

Relies on Spera v. State · 977 So. 2d 710 - Nelson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-08-27

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¶1Peggy Gilmore, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4On June 25, 2007, the appellant filed the instant rule 3.850 motion asserting her trial counsel "fail[ed] to represent [her] properly." The appellant has provided no facts or arguments other than that she believes there was a lack of evidence against her *715 and she would now like to withdraw her plea or have her sentenced reduced. The trial court, which did not have the benefit of Spera v. State,971 So.2d 754 (Fla.2007), denied the order because it is legally insufficient. The order on appeal is hereby reversed and remanded for the trial court to strike the appellant's motion with leave to amend it to cure the deficiencies within a reasonable time period. See Nelson v. State,977 So.2d 710 (Fla. 1st DCA 2008) (discussing Spera).

¶5REVERSED and REMANDED with directions.

¶6WEBSTER, LEWIS, and HAWKES, JJ., concur.

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