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Blunt v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 29, 2016
196 So. 3d 573 (Fla. Dist. Ct. App. 2016)

Opinion

No. 5D16–1006.

07-29-2016

Benjamin Lee BLUNT, Jr., Appellant, v. STATE of Florida, Appellee.

Benjamin Lee Blunt, Jr., Orlando, pro se. No Appearance for Appellee.


Benjamin Lee Blunt, Jr., Orlando, pro se.

No Appearance for Appellee.

Opinion

PER CURIAM.

Benjamin Lee Blunt, Jr., appeals the summary denial of his motion for postconviction relief. Although unclear, it appears to us, as it did to the trial court, that the motion was filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court's summary denial of the motion, but conclude that Blunt should have been given an opportunity to amend his facially defective motion if he can do so in good faith. See Fla. R. Crim. P. 3.850(b)(1) ; Spera v. State, 971 So.2d 754, 761–62 (Fla.2007).

AFFIRMED IN PART; REVERSED IN PART.

LAWSON, C.J., ORFINGER and EVANDER, JJ., concur.


Summaries of

Blunt v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Jul 29, 2016
196 So. 3d 573 (Fla. Dist. Ct. App. 2016)
Case details for

Blunt v. State

Case Details

Full title:BENJAMIN LEE BLUNT, JR., Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jul 29, 2016

Citations

196 So. 3d 573 (Fla. Dist. Ct. App. 2016)