TINIKO THOMPSON
v.
STATE OF FLORIDA
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A trial court must provide a defendant an opportunity to amend an insufficiently pleaded motion for postconviction relief under rule 3.850 before denying it.
[1] A trial court must afford a defendant an opportunity to amend a motion for postconviction relief that is denied on grounds of insufficient pleading before entering a fina…
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Court's statement of the legal requirement regarding postconviction relief motions
Tiniko Thompson appealed a trial court's order denying her motion for postconviction relief raising six grounds of ineffective assistance of counsel. …
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PER CURIAM. In this appeal of an order denying appellant’s motion for postconviction relief, appellant raises challenges to the trial court’s denial of six grounds of ineffective assistance of counsel. We find merit in only one. The trial court found that ground six of appellant’s motion was insufficiently pled, but it did not grant leave to amend the motion. Pursuant to Spera v. State, 971 So. 2d 754 (Fla. 2007), a trial court is required to give a defendant the opportunity to amend the motion. Therefore, as to ground six, we reverse and remand for the trial court to provide appellant a limited time to amend her motion to correct its legal insufficiency. In all other respects, we affirm. Affirmed in part, reversed in part, and remanded. WARNER, GROSS and CIKLIN, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.