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Miguel TRUJILLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District2018-10-19No. Case No. 5D18-2333
255 So. 3d 532

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Opinion

majority opinion

PER CURIAM.

We reverse the trial courts summary denial of Ground 1 of Appellants 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 deficiency in his motion is likely correctable, he should be given the chance to do so.) The trial courts order is otherwise affirmed.

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

COHEN, C.J., ORFINGER and EVANDER, JJ., concur.