Mohr v. State, 17 So. 3d 1249 (Fla. 2d DCA 2009). · Go Syfert
Mohr v. State, 17 So. 3d 1249 (Fla. 2d DCA 2009). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: Smith v. Secretary, Department of Corrections (Pinellas County) (flmd, 2022-03-21)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) Smith v. Secretary, Department of Corrections (Pinellas County)
M.D. Fla. · 2022 · confidence medium
Mohr v. State, 17 So. 3d 1249, 1249 (Fla. 2d DCA 2009).
discussed Cited as authority (rule) Norman J. Thompson v. State of Florida (2×)
Fla. Dist. Ct. App. · 2019 · confidence medium
Mohr v. State, 17 So. 3d 1249, 1249 (Fla. 2d DCA 2009).
cited Cited as authority (rule) Kevin Lee Elliott v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
Mohr v. State, 17 So. 3d 1249, 1249 (Fla. 2d DCA 2009).
discussed Cited as authority (rule) Mayes v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
The postconviction court summarily denied the claim, and this court noted that “Mohr ‘did not allege on what portions of the testimony the witness[] could have been impeached or how the failure to do so affected his trial.’ ” Id. at 1249 (alteration in original) (quoting Keevis v. State, 908 So.2d 552, 554 (Fla. 2d DCA 2005)).
Retrieving the full opinion text from the archive…
Peter F. MOHR, A/K/A Peter Fritz Mohr, Appellant,
v.
STATE of Florida, Appellee
2D08-1526.
District Court of Appeal of Florida, Second District.
Sep 11, 2009.
17 So. 3d 1249
2009 Fla. App. LEXIS 13477
2009 WL 2901302
James Marion Moorman, Public Defender, and Daniel L. Castillo, Special Assistant Public Defender, Bartow, for Appellant., Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appel-lee.
Wallace, Fulmer, Northcutt.
Cited by 5 opinions  |  Published
WALLACE, Judge.

Peter F. Mohr appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We reverse the postconviction court’s order with regard to the summary denial of ground three of Mr. Mohr’s motion. We affirm without comment the postconviction court’s denial of all other claims for relief.

In ground three, Mr. Mohr alleged that his trial counsel provided ineffective assistance because counsel failed to impeach a witness with her prior inconsistent statements. However, Mr. Mohr “did not allege on what portions of the testimony the witness[] could have been impeached or how the failure to do so affected his trial.” Keevis v. State, 908 So.2d 552, 554 (Fla. 2d DCA 2005). For this reason, the postcon-viction court summarily denied this claim as legally insufficient. We agree that the claim was legally insufficient. But, in light of the recent opinion in Spera v. State, 971 So.2d 754 (Fla.2007), we reverse the summary denial of ground three and remand with instructions to strike this ground with leave to amend within a reasonable amount of time in accordance with Spera. See Sierra v. State, 993 So.2d 1064, 1065 (Fla. 1st DCA 2008).

[*1250] Affirmed in part, reversed in part, and remanded with directions.

FULMER and NORTHCUTT, JJ., Concur.