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CARBO v. STATE

No. 5D07-2391.

980 So.2d 1148 (2008)

Samuel N. CARBO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 6, 2008.

Attorney(s) appearing for the Case

Samuel N. Carbo, Raiford, pro se.

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The trial court's summary denial of the first two grounds of appellant's Rule 3.8501 motion for post-conviction relief was correct. However, in accordance with the requirements of the recent Florida Supreme Court decision in Spera v. State, 971 So.2d 754 (Fla.2007), we reverse the trial court's summary denial of ground three and remand to allow the appellant an opportunity to amend...

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