07-3373 ROLAND THACKER v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-3373

Case Date: 09/23/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ROLAND THACKER, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D07-3373

Opinion filed September 23, 2008. An appeal from the Circuit Court for Duval County. Michael R. Weatherby, Judge. Roland Thacker, pro se, Appellant. Bill McCollum, Attorney General, and Edward C. Hill, Jr., Special Counsel, Criminal Appeals, Tallahassee, for Appellee.

PER CURIAM. Appellant seeks review of the trial court's order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant's claims that counsel was ineffective because he had a conflict of

interest, that counsel improperly conceded guilt without consulting the appellant, and that counsel failed to argue for a downward departure were all facially insufficient. 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 to amend his facially insufficient claims within a reasonable period of time. We affirm without further discussion the remaining nine issues raised in the appellant's motion.

AFFIRMED in part, and REVERSED and REMANDED, in part. DAVIS, PADOVANO, and ROBERTS, JJ., CONCUR.

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