GREGORY WHITAKER
v.
STATE
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A trial court must give a defendant an opportunity to amend facially insufficient ineffective assistance of counsel claims under Florida Rule of Criminal Procedure 3.850(f) before summarily denying them.
[1] When a defendant's ineffective assistance of counsel claims under Florida Rule of Criminal Procedure 3.850 are facially insufficient on their face, the trial court must p…
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Join FLexlaw to unlock all legal intelligenceGregory Whitaker appealed the denial of his Rule 3.850 motion alleging ineffective assistance of counsel on two grounds: trial counsel failed to take …
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PER CURIAM.
Appellant, Gregory Whitaker, appeals the summary denial of his motion pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Appellant alleged, inter alia,
that trial counsel was ineffective because (1) counsel failed to take any depositions or otherwise “look into [Appellant’s] case,” and (2) Appellant informed counsel that he was sick on the morning of trial and that he was therefore unable to think clearly.
Although these claims were facially insufficient as alleged, Appellant was not given an opportunity to amend his claims. See Fla. R. Crim. P. 3.850(f). Therefore, we reverse as to these two claims with instructions that the trial court give Appellant an opportunity to amend. We otherwise affirm.
AFFIRMED in part; REVERSED in part; and REMANDED.
COHEN, C.J., EVANDER and EISNAUGLE, JJ., concur.