Legal Opinion

Kirkpatrick v. State

District Court of Appeal of Florida

Decided October 28, 2011No. 2D11-265Published

1Per curiam

Jeremiah J. Kirkpatrick appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Kirkpatrick raised four claims, and we affirm without comment the postconviction court’s denial of claim three. However, the court denied claims one, two, and four as facially insufficient. Pursuant to Spera v. State, 971 So.2d 754, 761 (Fla.2007), we reverse and remand for the postconviction court to strike claims one, two, and four with leave to amend within a specific period of time not to exceed thirty days, if Kirkpatrick can do so in…

2Cases cited2 opinions

  1. Spera v. StateSupreme Court of Florida · 2007
  2. Verity v. StateDistrict Court of Appeal of Florida · 2011

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