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Pogue v. State

District Court of Appeal of Florida, Fifth District
Nov 13, 2009
22 So. 3d 131 (Fla. Dist. Ct. App. 2009)

Opinion

No. 5D09-3536.

November 13, 2009.

3.850 Appeal from the Circuit Court for Citrus County, Richard Howard, Judge.

Jackie D. Pogue, Lowell, pro se.

No Appearance for Appellee.


We affirm the trial court's determination that Appellant's rule 3.850 motion was insufficient, but reverse and remand so that Appellant may be permitted to amend his petition if he can. Spera v. State, 971 So.2d 754 (Fla. 2007).

AFFIRMED in part; REVERSED in part and REMANDED.

SAWAYA, TORPY and COHEN, JJ., concur.


Summaries of

Pogue v. State

District Court of Appeal of Florida, Fifth District
Nov 13, 2009
22 So. 3d 131 (Fla. Dist. Ct. App. 2009)
Case details for

Pogue v. State

Case Details

Full title:Jackie Dean POGUE, a/k/a Jack Clayton, Appellant, v. STATE of Florida…

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 13, 2009

Citations

22 So. 3d 131 (Fla. Dist. Ct. App. 2009)