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998 So. 2d 1195

Docket No. 1D08-3506.

Thomas v. State

Tommy L. THOMAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 9, 2009.

District Court of Appeal of Florida · decided 2009-01-09

Relies on Spera v. State

Decided 2009-01-09

¶1Tommy L. Thomas, 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 summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion for postconviction relief, the appellant *1196 alleged facially insufficient grounds of ineffective assistance of trial counsel and a violation of the prohibition against double jeopardy. Because the trial court failed to allow the appellant at least one opportunity to amend the motion, we reverse the summary denial of the appellant's rule 3.850 motion and remand to the trial court to dismiss the motion and allow the appellant an opportunity to correct the pleading deficiencies. See Spera v. State,971 So.2d 754, 761 (Fla.2007).

¶5REVERSED and REMANDED.

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

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