Opinion
No. 5D07-2924.
April 11, 2008.
3.850 Appeal from the Circuit Court for Orange County, Stan Strickland, Judge.
Rodolfo Ramos, Okeechobee, pro se.
Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
Prior report: 864 So.2d 1250.
We are bound to reverse and remand the appealed order summarily denying claims three and five of Appellant's Rule 3.850 post-conviction motion pursuant to the high court's recent decision in Spera v. State, 971 So.2d 754 (Fla. 2007). Under Spera, Appellant is entitled to an opportunity to replead these two claims, which the trial court correctly found to be devoid of facts, conclusory and legally insufficient.
REVERSED and REMANDED.
SAWAYA and COHEN, JJ., concur.