MARIO A. VASSER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARIO A. VASSER, APPELLANT,
STATE OF FLORIDA, APPELLEE
983 So. 2d 704
Florida District Court of Appeal, Fifth District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Mario Vasser appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. We affirm the trial court’s order denying relief as to the second ground asserted in the motion, but we are bound to reverse that part of the order denying grounds one and three. See Spera v. State, 971 So. 2d 754 (Fla.2007). As to these two grounds, we remand to the trial court to allow Vas-ser to amend his motion to state a facially sufficient claim, if it is possible for him to do so. See Pierre v. State, 973 So. 2d 547 (Fla. 5th DCA 2008).
AFFIRMED in part; REVERSED in part; and REMANDED.
PALMER, C.J., SAWAYA and EVANDER, JJ., concur.
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Optavis O. Oliver v. State, 10 So. 3d 704 (Fla. 5th DCA 2009)…84 So. 2d 1276, 1277 (Fla. 5th DCA 2008) (holding that unless it is apparent that defects in postconviction claims cannot be remedied by amendment, the trial court must allow a defendant to amend his motion to correct deficiencies); Vasser v. State, 983 So. 2d 704 (Fla. 5th DCA 2008); Pierre v. State, 973 So. 2d 547, 548 (Fla. 5th DCA 2008). Accordingly, the pertinent part of the order is reversed and this case is remanded with instructions that the trial court strike claim two with leave to amend “in a speci…
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State v. A.R.R., 113 So. 3d 942 (Fla. 5th DCA 2013)…rule 3.190(d) are not available in juvenile proceedings as the juvenile rules provide greater flexibility to the court and the parties. D.K.D. v. State, 470 So. 2d 1387, 1389 (Fla.1985). . These duties are "functionally identical.” C.M.M. v. State, 983 So. 2d 704, 705 n. 1 (Fla. 5th DCA 2008). . Judge Torpy went on to explain: Police officers wear many hats: criminal investigator, first aid provider, social worker, crisis intervener, family counselor, youth mentor and peacemaker, to name a few. They are ch…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Pierre v. State, 973 So. 2d 547 (Fla. 5th DCA 2008)