MIGUEL TRUJILLO
v.
STATE
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A trial court must afford a defendant the opportunity to amend a facially insufficient postconviction relief claim under Florida Rule of Criminal Procedure 3.850 before summarily denying it.
[1] A trial court must provide a defendant the opportunity to amend a facially insufficient postconviction relief motion under Florida Rule of Criminal Procedure 3.850 before…
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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, citing Taylor v. State, 248 So. 3d 280, 281 (Fla. 5th DCA 2018)
Miguel Trujillo filed a Florida Rule of Criminal Procedure 3.850 Motion for Postconviction Relief in the Circuit Court for Putnam County. The trial co…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MIGUEL TRUJILLO,
Appellant,
v. Case No. 5D18-2333
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 19, 2018
3.850 Appeal from the Circuit Court for Putnam County, Patti A. Christensen, Judge.
Miguel Trujillo, Raiford, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Allison
L.
Morris, Assistant Attorney General, Daytona Beach, for Appellee.
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
2 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.