Henry v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT EUGENE HENRY, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Case No. 2D14-535 Opinion filed February 26, 2016. Appeal from the Circuit Court for Lee County; J. Frank Porter, Judge. Eugene Henry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Cornelius C. Demps, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge Eugene Henry appeals the partial denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Because the postconviction court did not give Henry an opportunity to amend his claim, we reverse that portion of the order denying ground one. A trial court abuses its discretion by failing to allow the defendant at least one good faith amendment to an insufficient pleading. Spera v. State, 971 So. 2d 754, 761-62 (Fla. 2007). We reverse and remand with instructions to dismiss ground one of Henry's motion and permit him to file a legally sufficient amended claim as to ground one. We affirm all other denials raised on this appeal. WALLACE and BADALAMENTI, JJ., Concur.

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