RIVERA v. STATE

No. 5D10-4394.

56 So.3d 906 (2011)

Hector L. RIVERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 18, 2011.


Attorney(s) appearing for the Case

Hector L. Rivera , Raiford, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Megan Saillant , Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

The trial court summarily denied Appellant's motion without attaching records or providing reasons. Perhaps the trial court believed the motion was successive because of the way Appellant labeled his motion. It is neither successive nor untimely. It is facially insufficient, however, but Appellant should have been given an opportunity to amend the motion. Spera v. State, 971 So.2d 754 (Fla.2007). The State...

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