Kapala v. State

Full title: NORBERT KAPALA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 13, 1993

610 So. 2d 741 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-3546.

January 13, 1993.

Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Charles M. Greene, Judge.

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

No appearance required, for appellee.

PER CURIAM.

We treat the order on appeal as summarily denying appellant's motion filed pursuant to Florida Rule of Criminal Procedure 3.850 and affirm.

GLICKSTEIN, C.J., and FARMER, J., concur.

ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge, concurring specially.

While it appears that appellant's pending motion for post-conviction relief may be without merit, it also appears that he may be able to amend the petition to state a claim under our recent decision in Hassoun v. State, 609 So.2d 1347 (Fla. 4th DCA 1992).