Savage v. State

Full title: Paul SAVAGE, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Aug 14, 2015

172 So. 3d 548 (Fla. Dist. Ct. App. 2015)

Opinion

No. 5D14–4432.

2015-08-14

Paul SAVAGE, Appellant, v. STATE of Florida, Appellee.

3.850 Appeal from the Circuit Court for Putnam County, Terrill LaRue, Judge. Paul Savage, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

3.850 Appeal from the Circuit Court for Putnam County, Terrill LaRue, Judge.
Paul Savage, Milton, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

Paul Savage appeals the denial of his motion for postconviction relief. SeeFla. R. Crim. P. 3.850. We affirm the trial court's order denying relief as to all claims asserted in the motion, except that part of the order denying grounds one and eight. As to these two claims, the court should have permitted Savage an opportunity to amend his motion pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). We remand to the trial court to allow Savage to amend his motion to state facially sufficient claims, if it is possible for him to do so. See Pierre v. State, 973 So.2d 547 (Fla. 5th DCA 2008).

AFFIRMED in part; REVERSED in part; and REMANDED. LAWSON, C.J., ORFINGER and EVANDER, JJ., concur.