FREDDY D. WADDELL
v.
STATE
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A defendant filing a legally insufficient Florida Rule of Criminal Procedure 3.850 postconviction motion must be given at least one opportunity to amend the deficient claim unless the defect is incurable.
[1] A trial court must provide a defendant filing a facially insufficient Florida Rule of Criminal Procedure 3.850 postconviction motion at least one opportunity to amend and…
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Join FLexlaw to unlock all legal intelligence“A defendant who files a legally insufficient rule 3.850 motion should be given at least one opportunity to correct the deficiency, unless it is apparent that the defect cannot be corrected.”
Court's reasoning supporting reversal and remand of Ground Three, citing Parsons v. State.
Freddy D. Waddell appealed the summary denial of his postconviction relief motion filed under Florida Rule of Criminal Procedure 3.850, which containe…
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PER CURIAM. Freddy D. Waddell appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds
One, Two, and Four of Waddell’s motion without further discussion. In Ground Three,
Waddell contends that his trial counsel was ineffective for failing to object to a statement made by the trial court regarding Waddell’s maximum possible sentence that allegedly showed prejudice. Because this claim was facially insufficient, Waddell should have the opportunity to amend it. See Parsons v. State, 981 So. 2d 1249, 1250 (Fla. 5th DCA
2008) (“[A] defendant who files a legally insufficient rule 3.850 motion should be given at least one opportunity to correct the deficiency, unless it is apparent that the defect cannot be corrected.”). We therefore reverse and remand on Ground Three for the postconviction court to provide Waddell the opportunity to amend the claim in good faith.
AFFIRMED in part; REVERSED in part; REMANDED. COHEN, C.J., SAWAYA and BERGER, JJ., concur.