Opinion
No. 4D09-81.
August 18, 2010.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert L. Pegg, Judge; L.T. Case No. 311998CF000294BXXXXX.
John Blacker, Avon Park, pro se.
Bill McCollum, Attorney General, Tallahassee, and Laura Fisher, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the trial court's March 2, 2009 order striking appellant's pro se amended motion for postconviction relief. Appellant was expressly given leave of court to file this amended motion to correct pleading deficiencies. See Burke v. State, 732 So.2d 1194 (Fla. 4th DCA 1999). On remand, the trial court shall consider the merits of appellant's grounds (1) and (7) which were raised in the amended motion. We affirm the denial of all of appellant's other claims.
Affirmed in part, and, reversed, in part,.
GROSS, C.J., MAY and