TRENT FITZGERALD KING v. STATE OF FLORIDA (2025)

Defendant appeals the circuit court's order summarily denying his Florida Rule of Criminal Procedure 3.850 motion where he raised various claims of ineffective assistance of counsel. See Fla. R. Crim. P. 3.850. The State properly concedes error, and we reverse.

Defendant was charged with carjacking and robbery. After a jury trial, he was found guilty of a lesser included offense of grand theft auto and was found not guilty of robbery. The circuit court sentenced him to five years of probation.

After his conviction was affirmed on direct appeal, Defendant filed the rule 3.850 motion at issue, raising multiple claims of ineffective assistance of counsel. The State filed a response asserting the motion was legally insufficient because the motion did not contain Defendant's oath as rule 3.850 requires. The State requested the motion be denied without prejudice to allow Defendant a chance to file an amended motion correcting the defect.

The circuit court denied the motion but did not afford Defendant an opportunity to amend the motion to include the required oath.

Our supreme court has held that when an initial rule 3.850 motion “is determined to be legally insufficient for failure to meet either the rule's or other pleading requirements, the trial court abuses its discretion when it fails to allow the defendant at least one opportunity to amend the motion.” Spera v. State, 971 So. 2d 754, 761 (Fla. 2007). Spera also acknowledges that such postconviction motions must be “under oath and penalty of perjury that all the facts alleged are true.” Id. at 762; see also Stevens v. State, 947 So. 2d 1227, 1228 (Fla. 2d DCA 2007).

We reverse because the circuit court summarily denied the motion without allowing Defendant an opportunity to cure the defect.

Reversed and remanded.

Per Curiam.

Kuntz, C.J., Ciklin and Klingensmith, JJ., concur.