Hector L. RIVERA, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· March 18, 2011 · Docket No. 5D10-4394
56 So. 3d 906
Syllabus
Hector L. RIVERA, Appellant, v. STATE of Florida, Appellee. No. 5D10-4394. District Court of Appeal of Florida, Fifth District. March 18, 2011. Hector L. Rivera, Raiford, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General, Daytona Beach, for Ap-pellee.
Full Opinion (508 characters)
PER CURIAM. The trial court summarily denied Appellant’s motion without attaching records or providing reasons. Perhaps the trial court believed the motion was successive because of the way Appellant labeled his motion. It is neither successive nor untimely. It is facially insufficient, however, but Appellant should have been given an opportunity to amend the motion. Spera v. State, 971 So.2d 754 (Fla.2007). The State properly concedes error. REVERSED AND REMANDED. SAWAYA, TORPY and LAWSON, JJ., concur.
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