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991 So. 2d 1036

Docket No. 1D08-0137.

Huff v. State

Anthony W. HUFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 15, 2008.

District Court of Appeal of Florida · decided 2008-10-15

Relies on Spera v. State

Decided 2008-10-15

¶1Anthony W. Huff, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The appellant challenges the trial court's order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. He raised various issues which were correctly denied with the exception of one.

¶5Without affording opportunity for the appellant to amend this claim, the trial court denied as facially insufficient the appellant's allegation that trial counsel was ineffective for failing to move to withdraw his no contest plea. Therefore, in accordance with Spera v. State,971 So.2d 754 (Fla.2007), we reverse and remand for the trial court to allow the appellant the opportunity *1037 to amend his facially insufficient claim within a reasonable period of time.

¶6The trial court's order is otherwise affirmed.

¶7AFFIRMED in part, and REVERSED and REMANDED, in part.

¶8BROWNING, C.J., WOLF and BENTON, JJ., concur.

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