Davis v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 JEROME DAVIS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-3009 [July 30, 2008] PER CURIAM. We reverse the denial of appellant s rule 3.850 motion on Ground II so that the denial is without prejudice to amend. Spera v. State, 971 So. 2d 754 (Fla. 2007). KLEIN, TAYLOR and DAMOORGIAN, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Robert L. Pegg, Judge; L.T. Case No. 312004CF000592B. Carey Haughwout, Public Defender, and Richard B. Greene, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, a n d Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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