DeMarco v. State

The appellant challenges the summary denial of his motion for postcon-viction relief pursuant to Florida Rule of Criminal Procedure 3.850. We issued an order to show cause to the state, to which it did not respond. We reverse in part the order summarily denying relief. We remand to allow the appellant to amend his motion to file a facially sufficient motion, as required by Spera v. State, 971 So.2d 754 (Fla.2007), as to his claims of ineffective assistance of counsel for failure to investigate and failure to call witnesses. As to his claim regarding his attorney’s conflict of interest, we…