08-2343 TIMOTHY JONES v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-2343

Case Date: 10/14/2008

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

TIMOTHY JONES, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/

CASE NO. 1D08-2343

Opinion filed October 14, 2008. An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge. Timothy Jones, pro se, Appellant. Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM. The 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 first five claims of ineffective assistance of counsel are 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. The appellant may also amend his claim of cumulative error. The appellant's sixth claim that counsel was ineffective for failing to object to his habitual offender sentencing is affirmed without further discussion. AFFIRMED in part, and REVERSED and REMANDED, in part. KAHN, WEBSTER, AND VAN NORTWICK, JJ., CONCUR.

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