Sharron Deshazier v. State

200 So. 3d 234, 2016 Fla. App. LEXIS 14283, 2016 WL 5342455

Opinion

PER CURIAM.

Sharron Deshazier appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in which he alleged ineffective assistance of trial counsel. We conclude that although the allegations set forth in Ground One and a part of Ground Four (the alleged failure to depose Marty Can’ or Steven Reed) were legally insufficient, Deshazier should have been afforded the opportunity to amend these particular claims. See Spera v. State, 971 So.2d 754, 761-62 (Fla.2007). The trial court’s order is otherwise affirmed.

AFFIRMED, in part; REVERSED, in part; and REMANDED.

ORFINGER, TORPY and EVANDER, JJ., concur.