Henry v. State

District Court of Appeal of Florida

Henry v. State

198 So. 3d 762, 2016 Fla. App. LEXIS 2855, 2016 WL 746502

District Court of Appeal of Florida·Decided February 26, 2016·No. 2D14-535·Published

Opinion

NORTHCUTT, Judge.

Eugene Henry appeals the partial denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, Because the postcónviction court did not give Henry an opportunity to amend his claito, we reverse that portion of the order denying ground one. A trial court abuses its discretion by failing to allow'the defendant at least one good faith amendment to an insufficient pleading. Spera v. State, 971 So.2d 754, 761-62 (Fla.2007).

We reverse and remand with instructions to dismiss' ground one of Henry’s motion and permit him to file a legally sufficient amended claim as to ground one. We affirm all other denials raised on this appeal.

WALLACE and BADALAMENTI, JJ„ Coneur.

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NORTHCUTT, Judge.

Eugene Henry appeals the partial denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, Because the postcónviction court did not give Henry an opportunity to amend his claito, we reverse that portion of the order denying ground one. A trial court abuses its discretion by failing to allow'the defendant at least one good faith amendment to an insufficient pleading. Spera v. State, 971 So.2d 754, 761-62 (Fla.2007).

We reverse and remand with instructions to dismiss' ground one of Henry’s motion and permit him to file a legally sufficient amended claim as to ground one. We affirm all other denials raised on this appeal.

WALLACE and BADALAMENTI, JJ„ Coneur.

Henry v. State, 198 So. 3d 762, 2016 Fla. App. LEXIS 2855, 2016 WL 746502 (Fla. Ct. App. 2016).

Pincite

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Opinion

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