TRUJILLO
v.
STATE
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A trial court abuses its discretion by summarily denying a postconviction relief motion on the basis of facial insufficiency without affording the appellant the opportunity to amend the pleading when the deficiency is correctable.
[1] A trial court must afford an appellant an opportunity to amend a facially insufficient postconviction relief motion before summarily denying it, when the pleading deficie…
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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 citing Taylor v. State in support of the reversal regarding Ground 1
Appellant filed a Florida Rule of Criminal Procedure 3.850 motion for postconviction relief alleging ineffective assistance of counsel (Ground 1), but…
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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 *533Taylor 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.