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RAMOS v. STATE

No. 5D07-2924.

979 So.2d 359 (2008)

Rodolfo RAMOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 11, 2008.

Attorney(s) appearing for the Case

Rodolfo Ramos, Okeechobee, pro se.

Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

Prior report: 864 So.2d 1250.

GRIFFIN, J.

We are bound to reverse and remand the appealed order summarily denying claims three and five of Appellant's Rule 3.850 post-conviction motion pursuant to the high court's recent decision in Spera v. State, 971 So.2d 754 (Fla.2007). Under Spera, Appellant is entitled to an opportunity to replead these two claims, which the

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