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Harris v. State

District Court of Appeal of Florida, Second District
Jun 19, 2009
10 So. 3d 714 (Fla. Dist. Ct. App. 2009)

Opinion

No. 2D08-3903.

June 19, 2009.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Polk County; Michael E. Raiden, Judge.

Loren Rhoton, P.A., Tampa, for appellant.


Paul Monroe Harris seeks review of the trial court's order summarily denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the summary denial of Harris's claims alleging ineffective assistance of counsel without comment. Harris also argues that the postconviction court erred by not permitting him to amend certain claims pursuant to Spera v. State, 971 So.2d 754 (Fla. 2007). However, the record, which includes the complete trial transcript, conclusively shows that he would not be entitled to relief even if he were permitted to amend any purported pleading deficiencies in the claims. See id. at 762.

Affirmed.

VILLANTI and WALLACE, JJ., Concur.


Summaries of

Harris v. State

District Court of Appeal of Florida, Second District
Jun 19, 2009
10 So. 3d 714 (Fla. Dist. Ct. App. 2009)
Case details for

Harris v. State

Case Details

Full title:Paul Monroe HARRIS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jun 19, 2009

Citations

10 So. 3d 714 (Fla. Dist. Ct. App. 2009)

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Kaiser v. Sec'y, Fla. Dep't of Corr.

Nor does it apply when the defect cannot be remedied by amendment. See Harris v. State, 10 So. 3d 714, 715…