Lavelle Antonio Copeland v. State of Florida

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
LAVELLE ANTONIO NOT FINAL UNTIL TIME EXPIRES TO
COPELAND, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
CASE NO. 1D16-4388
v.
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed September 5, 2017.
An appeal from the Circuit Court for Duval County.
Russell L. Healey, Judge.
Lavelle Antonio Copeland, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Kathryn Lane, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
Appellant challenges the summary denial of his postconviction motion filed
pursuant to Florida Rule of Criminal Procedure 3.850.
We find claims 2, 4, 7, and 8 were facially insufficient because where a
defendant such as appellant entered a guilty plea, “in order to satisfy the
‘prejudice’ requirement [of Strickland], the defendant must show that there is a
reasonable probability that, but for counsel’s errors, he would not have pleaded
guilty and would have insisted on going to trial.” State v. Dickey, 928 So. 2d 1193,
1197 (Fla. 2006). Ground 2 was also facially insufficient because it alleged trial
counsel was ineffective for failing to file a “motion to suppress” in order to argue a
lack of sufficient evidence. The postconviction court correctly found the claim was
facially insufficient because a motion to suppress would not have been the correct
vehicle to challenge the sufficiency of the evidence. Ground 8 was also facially
insufficient because appellant failed to sufficiently allege facts demonstrating
prejudice. See Nelson v. State, 977 So. 2d 710, 712 (Fla. 1st DCA 2008).
However, because these deficiencies could be cured by a good faith
amendment, appellant was entitled to amend this claim pursuant to Spera v. State,
971 So. 2d 754, 759 (Fla. 2007). Thus, we reverse the denial of ground 2, 4, 7, and
8, and we remand for the trial court to grant appellant leave to amend those
grounds within a reasonable period of time. See Griggs v. State, 995 So. 2d 994,
995 (Fla. 1st DCA 2008).
We affirm the denial of grounds 1, 3, 5, 6, 9, 10, and 11 because these
grounds were facially insufficient and cannot be amended pursuant to Spera.
AFFIRMED in part, REVERSED in part, and REMANDED with
instructions.
WOLF, RAY, and BILBREY, JJ., CONCUR.
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