5D07-2391 Samuel Carbo v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-2391

Case Date: 03/24/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

SAMUEL N. CARBO, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 28, 2008 3.850 Appeal from the Circuit Court for Brevard County, Charles M. Holcomb, Judge. Samuel N. Carbo, Raiford, pro se. Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The trial court's summary denial of the first two grounds of appellant's Rule 3.8501 motion for post-conviction relief was correct. However, in accordance with the requirements of the recent Florida Supreme Court decision in Spera v. State, 971 So. 2d 754 (Fla. 2007), we reverse the trial court's summary denial of ground three and remand to allow the appellant an opportunity to amend this claim, which the trial court found to be legally insufficient. AFFIRMED in part, REVERSED in part and REMANDED. PALMER, C.J., GRIFFIN and PLEUS, JJ., concur.
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Case No. 5D07-2391

Fla. R. Crim. P. 3.850.

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