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BURKE v. STATE

No. 5D08-825.

985 So.2d 1183 (2008)

Dennis BURKE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 3, 2008.

Attorney(s) appearing for the Case

Dennis J. Burke, Clermont, pro se.

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

COHEN, J.

Dennis Burke appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without prejudice to allow Mr. Burke an opportunity to amend his motion pursuant to Spera v. State, 971 So.2d 754, 760 (Fla.2007).

Burke was charged and convicted, after a jury trial, of possession of a firearm by a convicted felon. He alleges

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