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Steffen v. State

District Court of Appeal of Florida, Fourth District
Jun 5, 2008
981 So. 2d 554 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D07-3312.

April 30, 2008. Rehearing Denied June 5, 2008.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 02-17494CF10A.

Joseph Steffen, Crestview, pro se.

No appearance required for appellee.


Joseph Steffen appeals the summary denial of his motion for postconviction relief in which he alleged eleven grounds for relief. We affirm as to all grounds except his claim that counsel was ineffective for failing to investigate an involuntary intoxication defense. As to that ground, his allegations are legally insufficient, and under the rule of Spera v. State, 971 So.2d 754 (Fla. 2007), he is entitled to one opportunity to amend that claim, and that claim alone.

Affirmed in part; reversed in part.

STONE, WARNER and GROSS, JJ., concur.


Summaries of

Steffen v. State

District Court of Appeal of Florida, Fourth District
Jun 5, 2008
981 So. 2d 554 (Fla. Dist. Ct. App. 2008)
Case details for

Steffen v. State

Case Details

Full title:Joseph STEFFEN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 5, 2008

Citations

981 So. 2d 554 (Fla. Dist. Ct. App. 2008)