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989 So. 2d 721

Docket No. 4D08-1553.

Reed v. State

George REED, 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

Relies on Spera v. State · 833 So. 2d 386 - Zelenak v. Fazzio

Decided 2008-08-27

¶1George Reed, Carrabelle, pro se.

¶2Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellee.

¶3Prior report: 833 So.2d 387.

¶4PER CURIAM.

¶5We affirm without discussion the trial court's summary denial of appellant's grounds one through three of his motion for post conviction relief, but reverse and remand the summary denial as to ground four. We direct the trial court on remand to allow appellant to file an amended motion on that ground only, if he can in good faith, including allegations as to the content of the testimony by the potential defense eyewitness Aviance Reed. See Spera v. State, 971 So.2d 754 (Fla.2007).

¶6Affirmed in Part; Reversed and Remanded in Part.

¶7SHAHOOD, C.J., WARNER and HAZOURI, JJ., concur.

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