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RANDALL LACEY v. STATE OF FLORIDA
17-0666
| Fla. Dist. Ct. App. | Jul 5, 2017
|
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*1 D ISTRICT C OURT O F A PPEAL O F T HE S TATE O F F LORIDA F OURTH D ISTRICT RANDALL LACEY, Appellant, v.

STATE OF FLORIDA, Appellee.

No. 4D17-0666 [July 5, 2017] Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Darren Steele, Judge; L.T. Case No. 56-2015-CF-003158-A.

Michael C. Minardi of Michael Minardi, P.A., Riverview, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allen R. Geesey, Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM .

Appellant Randall Lacey appeals the summary denial of his rule 3.850 motion for post-conviction relief. The State concedes that the trial court erred in failing to allow Lacey an opportunity to amend the motion. See Fla. R. Crim. P. 3.850(f)(2); Spera v. State , 971 So. 2d 754 (Fla. 2007). We therefore reverse and remand for the trial court to afford Lacey an opportunity to file a facially sufficient motion.

Reversed and remanded .

T AYLOR , D AMOORGIAN and C ONNER , JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.

Case Details

Case Name: RANDALL LACEY v. STATE OF FLORIDA
Court Name: District Court of Appeal of Florida
Date Published: Jul 5, 2017
Docket Number: 17-0666
Court Abbreviation: Fla. Dist. Ct. App.
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