Todd Hannigan v. State , 201 So. 3d 211 ( 2016 )

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
TODD HANNIGAN,
Appellant,
v. Case No. 5D16-1958
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed September 30, 2016
3.850 Appeal from the Circuit Court
for Orange County,
Robert J. Egan, Judge.
Todd Hannigan, Sneads, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Samuel Perrone,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
Todd Hannigan appeals the trial court’s order summarily denying his motion for
postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We
affirm the denial of Hannigan’s motion, except as to claim one.
In his first claim, Hannigan asserted that his trial counsel was ineffective for failing
to object to the court’s requirement that Hannigan be placed in leg shackles throughout
the trial. Quoting Jones v. State, 998 So. 2d 573, 588 (Fla. 2008), the trial court found
this claim to be meritless because “[a]bsent allegations that the actual jurors were
exposed to [Hannigan] in shackles, he cannot demonstrate prejudice.”
A defendant who has filed a legally insufficient rule 3.850 motion must be given at
least one opportunity to correct the deficiency, unless it is apparent that the defect cannot
be corrected. Luckey v. State, 979 So. 2d 353, 355 (Fla. 5th DCA 2008) (citing Spera v.
State, 971 So. 2d 754 (Fla. 2007)); Fla. R. Crim. P. 3.850(f). Although Hannigan alleged
in his postconviction motion that shackling is inherently prejudicial and that his counsel
should have objected and required that the court hold a hearing before shackling
Hannigan, he did not allege in his motion that the jurors were exposed to him in shackles.
Because this pleading deficiency in claim one may be correctable, we reverse the
summary denial and remand with directions that the trial court provide Hannigan sixty
days to amend claim one of his motion, if, in good faith, he can do so.
AFFIRMED in part; REVERSED in part; and REMANDED.
SAWAYA, TORPY and LAMBERT, JJ., concur.
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