Coty Williams v. State ( 2017 )


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  •          IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FIFTH DISTRICT
    NOT FINAL UNTIL TIME EXPIRES TO
    FILE MOTION FOR REHEARING AND
    DISPOSITION THEREOF IF FILED
    COTY WILLIAMS,
    Appellant,
    v.                                                           Case No. 5D17-1919
    STATE OF FLORIDA,
    Appellee.
    ________________________________/
    Opinion filed December 1, 2017
    3.850 Appeal from the Circuit Court
    for Brevard County,
    David Dugan, Judge.
    Coty Williams, Okeechobee, pro se.
    Pamela Jo Bondi, Attorney General,
    Tallahassee, and Kellie A. Nielan,
    Assistant Attorney General, Daytona
    Beach, for Appellee.
    PER CURIAM.
    Appellant, Coty Williams, appeals the summary denial of his Florida Rule of
    Criminal Procedure 3.850 motion for postconviction relief, which alleged multiple grounds
    for relief. We find that Williams is entitled to an opportunity to amend his third and fifth
    grounds for relief. See Spera v. State, 
    971 So. 2d 754
    , 761 (Fla. 2007) (holding that a
    defendant who files a legally insufficient rule 3.850 motion for failing to meet pleading
    requirements should be allowed at least one opportunity to amend); see also Ferris v.
    State, 
    996 So. 2d 228
    , 229 (Fla. 1st DCA 2008) (requiring an opportunity to amend
    because "the trial court did not deny the claim on the basis of facial insufficiency, and, as
    such, the appellant could not have been aware of the application of Spera to this issue").
    We affirm Williams's remaining grounds on appeal.
    AFFIRMED in part; REVERSED in part; REMANDED.
    PALMER, WALLIS and EISNAUGLE, JJ., concur.
    2
    

Document Info

Docket Number: 5D17-1919

Filed Date: 11/27/2017

Precedential Status: Precedential

Modified Date: 12/8/2017