Steffen v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2008 JOSEPH STEFFEN, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-3312 [April 30, 2008] PER CURIAM. Joseph Steffen appeals the summary denial of his motion for postconviction relief in which he alleged eleven grounds for relief. We affirm as to all grounds except his claim that counsel was ineffective for failing to investigate an involuntary intoxication defense. As to that ground, his allegations are legally insufficient, and under the rule of Spera v. State, 971 So. 2d 754 (Fla. 2007), he is entitled to one opportunity to amend that claim, and that claim alone. Affirmed in part; reversed in part. STONE, WARNER and GROSS, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 02-17494CF10A. Joseph Steffen, Crestview, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing

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