Miguel Trujillo v. State

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.