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Peterson v. State

District Court of Appeal of Florida, First District
May 13, 2009
9 So. 3d 762 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D08-5425.

May 13, 2009.

An appeal from the Circuit Court for Duval County. Linda F. McCallum, Judge.

Reshawnana D. Peterson, pro se, Appellant.

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges the postconviction court's summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant's motion raises two claims attacking his habitual violent felony offender sentence and multiple claims alleging ineffective assistance of counsel. The ineffective assistance of counsel claims were denied as conclusory but the postconviction court failed to allow the appellant an opportunity to amend the claims pursuant to Spera v. State, 971 So.2d 754, 761 (Fla. 2007). We therefore reverse the summary denial of the appellant's rule 3.850 motion with respect to his ineffective assistance of counsel claims and remand for the postconviction court to allow the appellant the opportunity to amend his facially insufficient claims within a reasonable period of time. We affirm without further discussion the appellant's claims concerning the validity of his habitual violent felony offender sentence.

AFFIRMED in part, REVERSED in part, and REMANDED.

WOLF, KAHN, and VAN NORTWICK, JJ., concur.


Summaries of

Peterson v. State

District Court of Appeal of Florida, First District
May 13, 2009
9 So. 3d 762 (Fla. Dist. Ct. App. 2009)
Case details for

Peterson v. State

Case Details

Full title:Reshawnana D. PETERSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 13, 2009

Citations

9 So. 3d 762 (Fla. Dist. Ct. App. 2009)