5D10-4394 Hector Rivera v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-4394

Case Date: 03/14/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

HECTOR L. RIVERA, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 18, 2011 3.850 Appeal from the Circuit Court for Marion County, Edward L. Scott, Judge. Hector L. Rivera, Raiford, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The trial court summarily denied Appellant's motion without attaching records or providing reasons. Perhaps the trial court believed the motion was successive because of the way Appellant labeled his motion. It is neither successive nor untimely. It is facially insufficient, however, but Appellant should have been given an opportunity to amend the motion. Spera v. State, 971 So. 2d 754 (Fla. 2007). The State properly concedes error. REVERSED AND REMANDED. SAWAYA, TORPY and LAWSON, JJ., concur. Case No. 5D10-4394

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