Summary
In Gilmore v. State, 989 So.2d 714, 715 (Fla. 1st DCA 2008), the trial court denied the appellant's motion as facially insufficient without giving him an opportunity to amend his motion as Spera had yet to be issued.
Summary of this case from Cruse v. StateOpinion
No. 1D07-5774.
August 27, 2008.
An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge.
Peggy Gilmore, pro se, Appellant.
Bill McCollum, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.
On June 25, 2007, the appellant filed the instant rule 3.850 motion asserting her trial counsel "fail[ed] to represent [her] properly." The appellant has provided no facts or arguments other than that she believes there was a lack of evidence against her and she would now like to withdraw her plea or have her sentenced reduced. The trial court, which did not have the benefit of Spera v. State, 971 So.2d 754 (Fla. 2007), denied the order because it is legally insufficient. The order on appeal is hereby reversed and remanded for the trial court to strike the appellant's motion with leave to amend it to cure the deficiencies within a reasonable time period. See Nelson v. State, 977 So.2d 710 (Fla. 1st DCA 2008) (discussing Spera).
REVERSED and REMANDED with directions.
WEBSTER, LEWIS, and HAWKES, JJ., concur.