08-0621 CLARENCE ALLEN, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-0621

Case Date: 10/29/2008

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

CLARENCE ALLEN, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D08-0621

Opinion filed October 29, 2008. An appeal from the Circuit Court for Duval County. John M. Merrett, Judge. Clarence Allen, pro se, Appellant. Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. The appellant seeks review of the circuit court's order summarily denying several motions for postconviction relief. The denial of the appellant's first and third claims from his January 8, 2004, motion, and the claims in his June 18, 2004, June 21, 2006, and August 10, 2006, pleadings is affirmed without further discussion. The

remaining claims in the January 8, 2004, motion were deemed facially insufficient and, in accordance with Spera v. State, 971 So. 2d 754 (Fla. 2007), we reverse and remand for the circuit court to allow the appellant an opportunity to amend those claims within a reasonable period of time. AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions. KAHN, WEBSTER, and VAN NORTWICK, JJ., CONCUR.

2

Download 08-0621 CLARENCE ALLEN, v. STATE OF FLORIDA.pdf