Florida District Courts of Appeal, 2014

McClendon v. State

McClendon v. State
Florida District Courts of Appeal · Decided July 8, 2014 · Monaco, Toby, Wetherell, Wolf
141 So. 3d 1251; 2014 WL 3057497; 2014 Fla. App. LEXIS 10442 (Southern Reporter, Third Series)

McClendon v. State

Opinion of the Court

PER CURIAM.

The appellant appeals the summary denial of a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The State concedes that grounds one, two and five were improperly denied as facially insufficient because the trial court never granted leave to amend. Thus, we reverse and remand for the trial court to grant the appellant leave to amend grounds one, two and five pursuant to Spera v. State, 971 So.2d 754 (Fla. 2007) (holding that a trial court must allow the defendant at least one opportunity to amend facially insufficient claims). We otherwise affirm the order on appeal.

AFFIRMED in part, REVERSED and REMANDED in part.

WOLF and WETHERELL, JJ., and MONACO, TOBY S., Associate Judge, concur.

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