KAITLIN MARIE ZIMMERSHEAD
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-03-03
No. 21-1209
Florida District Court of Appeal, Fifth District (2022) Positive Treatment

Opinion of the Court

PER CURIAM.

We affirm the summary denial of Appellant’s Florida Rule of Criminal Procedure 3.850 motion for postconviction relief with one exception. As to Ground Four, Appellant contends that trial counsel was ineffective for failing to obtain a competency evaluation before Appellant entered an open plea. We reverse on this ground because while Appellant’s motion was deficient, she has not received an opportunity to amend. See Williams v. State, 303 So. 3d 1005, 1008 (Fla. 5th DCA 2020). AFFIRMED in part; REVERSED in part; REMANDED. EISNAUGLE, TRAVER and WOZNIAK, JJ., concur.


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