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Moore v. State

District Court of Appeal of Florida, Fifth District
May 30, 2008
982 So. 2d 1246 (Fla. Dist. Ct. App. 2008)

Opinion

No. 5D07-4230.

May 30, 2008.

3.850 Appeal from the Circuit Court for Volusia County, Joseph G. Will, Judge.

Carl V. Moore, Raiford, pro se.

Bill McCollum, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


Moore appeals from the summary denial of his Rule 3.850 motion for post-conviction relief. The trial court properly found that Moore's motion was facially insufficient because Moore failed to allege that he would have rejected the State's plea offer and insisted upon a contested violation of probation hearing and a trial on his new law violation but for his attorney's alleged ineffective assistance. However, pursuant to Spera v. State, 971 So.2d 754 (Fla. 2007), we conclude that Moore is entitled to an opportunity to file an amended motion, if he can do so in good faith.

REVERSED and REMANDED.

PLEUS, TORPY and EVANDER, JJ., concur.


Summaries of

Moore v. State

District Court of Appeal of Florida, Fifth District
May 30, 2008
982 So. 2d 1246 (Fla. Dist. Ct. App. 2008)
Case details for

Moore v. State

Case Details

Full title:Carl V. MOORE, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 30, 2008

Citations

982 So. 2d 1246 (Fla. Dist. Ct. App. 2008)