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Tommy L. THOMAS, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2009-01-09No. No. 1D08-3506
998 So. 2d 1195

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Opinion

majority opinion

PER CURIAM.

The appellant challenges the trial court’s summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion for postconviction relief, the appellant alleged facially insufficient grounds of ineffective assistance of trial counsel and a violation of the prohibition against double jeopardy. Because the trial court failed to allow the appellant at least one opportunity to amend the motion, we reverse the summary denial of the appellant’s rule 3.850 motion and remand to the trial court to dismiss the motion and allow the appellant an opportunity to correct the pleading deficiencies. See Spera v. State, 971 So.2d 754, 761 (Fla.2007).

REVERSED and REMANDED.

WEBSTER, BROWNING and LEWIS, JJ., concur.