MIGUEL TRUJILLO
v.
STATE
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A trial court must allow an appellant an opportunity to amend a facially insufficient Rule 3.850 postconviction motion before summarily denying it.
[1] A trial court must grant a defendant an opportunity to amend a facially insufficient Rule 3.850 postconviction motion before summarily denying it, provided the pleading d…
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Join FLexlaw to unlock all legal intelligence“Because [appellant] had not previously sought or been given leave to amend his rule 3.850 motion, and because the pleading deficiency in his motion is likely correctable, he should be given the chance to do so.”
Court's reasoning for reversing summary denial of Ground 1
Miguel Trujillo filed a Florida Rule of Criminal Procedure 3.850 Motion for Postconviction Relief. The trial court summarily denied Ground 1 of the mo…
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PER CURIAM. We reverse the trial court’s summary denial of Ground 1 of Appellant’s Florida Rule of Criminal Procedure 3.850 Motion for Postconviction Relief because Appellant should have been afforded the opportunity to amend his facially insufficient claim. See Taylor v.
State, 248 So. 3d 280, 281 (Fla. 5th DCA 2018) (“Because [appellant] had not previously sought or been given leave to amend his rule 3.850 motion, and because the pleading deficiency in his motion is likely correctable, he should be given the chance to do so.”)
The trial court’s order is otherwise affirmed.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
COHEN, C.J., ORFINGER and EVANDER, JJ., concur.