Deodat Bhoj v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DEODAT BHOJ, Appellant, v. Case No. 5D14-3930 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 21, 2015 3.850 Appeal from the Circuit Court for Orange County, Janet C. Thorpe, Judge. Matthews R. Bark, Altamonte Springs, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire and Rebecca Rock McGuigan, Assistant Attorneys General, Daytona Beach, for Appellee. PER CURIAM. Deodat Bhoj appeals the denial of his motion for postconviction relief. See Fla. R. Crim. P. 3.850. We reverse for the court to strike Bhoj’s motion and permit him an opportunity to amend his motion pursuant to Spera v. State, 971 So. 2d 754 (Fla. 2007). We remand to the trial court to allow Bhoj 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). REVERSED and REMANDED. LAWSON, C.J., ORFINGER and LAMBERT, JJ., concur. 2

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