Burke v. State

James J. Burke appeals the summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the denial of Burke’s first and second claims without further discussion. As to Burke’s third claim, we agree with the trial court’s conclusion that the claim was insufficiently pled. However, as the State properly concedes, it was error to deny this claim with prejudice. Rather, Burke should have been provided a reasonable opportunity to amend his facially insufficient claim. See Spera v. State, 971 So.2d 754 (Fla.2007).

Burke’s fourth claim is not…