Sharron Deshazier v. State
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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 SHARRON DESHAZIER, Appellant, v. Case No. 5D16-1184 STATE OF FLORIDA, Appellee. / Opinion filed September 23, 2016 3.850 Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge. Sharron Deshazier, Lowell, pro se. No Appearance for Appellee. PER CURIAM. Sharron Deshazier appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in which he alleged ineffective assistance of trial counsel. We conclude that although the allegations set forth in Ground One and a part of Ground Four (the alleged failure to depose Marty Carr or Steven Reed) were legally insufficient, Deshazier should have been afforded the opportunity to amend these particular claims. S e e Spera v. State, 971 So. 2d 754, 761-62 (Fla. 2007). The trial court’s order is otherwise affirmed. AFFIRMED, in part; REVERSED, in part; and REMANDED. ORFINGER, TORPY and EVANDER, JJ., concur. 2
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