Trujillo v. State

District Court of Appeal of Florida

Trujillo v. State

255 So. 3d 532

CourtDistrict Court of Appeal of Florida

DecidedOctober 19, 2018

DocketCase No. 5D18-2333

StatusPublished

This text of 255 So. 3d 532 (Trujillo v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Trujillo v. State, 255 So. 3d 532 (Fla. Ct. App. 2018).

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Opinion

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.

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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.

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255 So. 3d 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trujillo-v-state-fladistctapp-2018.

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