MIGUEL R. SIERRA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Miguel Sierra appealed the denial of his Rule 3.850 postconviction relief motion raising twenty claims of ineffective assistance of counsel. The appellate court affirmed the denial of some claims on the merits but reversed and remanded for the trial court to allow Sierra to amend ten facially insufficient claims in accordance with the Spera v. State standard.
The court affirmed the denial of ten claims that were properly denied on the merits but reversed and remanded to allow Sierra to amend ten facially insufficient claims (grounds 1, 4, 5, 6, 10, 13, 14, 15, 18, 19) in accordance with Spera v. State, which requires trial courts to give defendants an opportunity to amend facially insufficient postconviction claims.
[1] A trial court must grant a defendant an opportunity to amend facially insufficient claims in a motion for postconviction relief.
[2] A trial court's denial of postconviction relief claims on the merits may be reversed if the record does not contain sufficient support for the denial.
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Join FLexlaw to unlock all legal intelligence“the trial court should have given appellant an opportunity to amend the facially insufficient claims”
Establishes the core holding that facially insufficient claims must be subject to amendment opportunity under Spera.
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Join FLexlaw to unlock all legal intelligenceSierra filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, raising twenty grounds challenging his convictio…
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PER CURIAM.
Appellant challenges the denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm in part and reverse in part.
The appellant raised twenty claims in his motion for postconviction relief. We affirm the denial of grounds 2, 3, 7, 8, 9, 11, 12, 16, 17, and 20 without discussion as those claims were properly denied on the merits. However, the trial court denied grounds 1, 4, 6, 10, 14, 15, and 19 solely on the grounds that the claims were facially insufficient. We agree that those claims are facially insufficient but, pursuant to Spera v. State, 971 So. 2d 754 (Fla.2007), the trial court should have given appellant an opportunity to amend the facially insufficient claims.1
As to the remaining claims, the trial court denied grounds five, thirteen and eighteen on the merits and as facially insufficient. Again, we agree that grounds five, thirteen and eighteen are facially insufficient. However, the trial court failed to attach record portions supporting its denial of ground five on the merits. In ground thirteen, the appellant asserted that counsel was ineffective for failing to impeach the victim with prior inconsistent statements, namely the victim’s failure to report specific facts to the investigating officer. We are unable to determine from the limited record whether the trial court’s denial on the merits was proper. In ground eighteen, the appellant asserted that counsel was ineffective for failing to object to the prosecutor’s statement suggesting in closing argument that the state did not present all its witnesses. Again, it is not clear from the record whether the trial court properly denied ground eighteen on the merits. Because claims five, thirteen and eighteen are facially insufficient, and we cannot tell from the record whether those claims were properly denied on the merits, we reverse and remand for the trial court to grant appellant leave to amend.
In accordance with Spera v. State, 971 So. 2d 754 (Fla.2007), we reverse and remand for the trial court to allow appellant the opportunity to amend his facially insufficient claims (1, 4, 5, 6, 10, 13, 14, 15, 18, 19) within a reasonable period of time. The denial of the remaining grounds of appellant’s motion is affirmed.
AFFIRMED in part, REVERSED in part, and REMANDED with directions.
WEBSTER, BENTON, and POLSTON, JJ., concur. . We note that when the trial court denied the appellant’s motion, Spera had not yet been decided. However, Spera still applies to this case. See Watson v. State, 975 So. 2d 572 (Fla. 1st DCA 2008) (holding that Spera applies to the review of the denial of a rule 3.850 motion if a defendant does not file a brief on appeal).
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Mohr v. State, 17 So. 3d 1249 (Fla. 2d DCA 2009)…nion in Spera v. State, 971 So. 2d 754 (Fla.2007), we reverse the summary denial of ground three and remand with instructions to strike this ground with leave to amend within a reasonable amount of time in accordance with Spera. See Sierra v. State, 993 So. 2d 1064, 1065 (Fla. 1st DCA 2008). [*1250] Affirmed in part, reversed in part, and remanded with directions. FULMER and NORTHCUTT, JJ., Concur.…
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Marcial Rodriquez v. State, 993 So. 2d 152 (Fla. 1st DCA 2008)…Eight, which we are compelled to REVERSE AND REMAND to the circuit court pursuant to the requirements of Spera, to allow Appellant the opportunity to amend his facially insufficient eighth claim within a reasonable time period. See Sierra v. State, 993 So. 2d 1064, 2008 WL 2403708 (Fla. 1st DCA June 16, 2008). PADOVANO, J., concurs; WOLF, J., concurs and dissents with opinion.…
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Sierra v. State, 252 So. 3d 426 (Fla. 1st DCA 2018)…motion under Florida Rule of Criminal Procedure 3.850, asserting twenty claims, which the trial court denied. This court affirmed the denial of relief in ten claims but reversed to allow Appellant to amend ten insufficient claims. Sierra v. State, 993 So. 2d 1064 (Fla. 1st DCA 2008). On remand, Appellant raised only three claims, which were denied by the trial court, and this Court affirmed, without opinion. Sierra v. State, 53 So. 3d 1031 (Fla. 1st DCA 2011). Appellant then filed another collateral claim,…
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Watson v. State, 975 So. 2d 572 (Fla. 1st DCA 2008)