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Bradley PRUCHA, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2013-03-01No. No. 5D12-1636
108 So. 3d 721

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Opinion

majority opinion

PER CURIAM.

We affirm the denial of Appellant’s rule 3.850 motion in all respects except that the trial court should have afforded Appellant the opportunity to amend claims 3 and 4, which pertain to the contention that trial counsel failed to investigate and inform Appellant about the viability of a motion to suppress evidence. Inartful and legally insufficient as the claims might be, we cannot say that Appellant cannot state a legally sufficient claim. Spera v. State, 971 So.2d 754, 758 (Fla.2007). AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

TORPY, EVANDER and BERGER, JJ., concur.