DAMON DIKERSON
v.
STATE
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A defendant whose postconviction Rule 3.850 motion is legally insufficient must be afforded at least one opportunity to amend it.
[1] When a Rule 3.850 postconviction motion is legally insufficient and it is not apparent that the defect cannot be corrected, the trial court must strike the motion with le…
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Join FLexlaw to unlock all legal intelligence“Because Dickerson's motion was legally insufficient and it is not apparent that Dickerson cannot correct the defect, Dickerson is entitled to at least one opportunity to amend.”
The court's statement of the legal standard governing treatment of legally insufficient postconviction motions.
Damon Dickerson filed a Rule 3.850 postconviction relief motion alleging two grounds of ineffective assistance of counsel. The circuit court summarily…
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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 DAMON DICKERSON, Appellant,
v. Case No. 5D17-2511 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 2, 2018 3.850 Appeal from the Circuit Court for Lake County, Lawrence J. Semento, Judge.
Damon Dickerson, Lake City, pro se.
No Appearance for Appellee.
WALLIS, J. Damon Dickerson appeals the summary denial of his Florida Rule of Criminal
Procedure 3.850 motion for postconviction relief, where he alleged two grounds of ineffective assistance of counsel. Because Dickerson's motion was legally insufficient and it is not apparent that Dickerson cannot correct the defect, Dickerson is entitled to at least one opportunity to amend. See Spera v. State, 971 So. 2d 754, 761 (Fla. 2007); Lamb v.
State, 202 So. 3d 118, 120 (Fla. 5th DCA 2016). Accordingly, we reverse and remand with instructions for the trial court to strike Dickerson's motion with leave to amend within a reasonable time.
REVERSE and REMAND with Instructions.
SAWAYA and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Lamb v. State, 202 So. 3d 118 (Fla. 5th DCA 2016)