DICKERSON v. STATE (2018)

District Court of Appeal of Florida, Fifth District.

Damon DICKERSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17–2511

Decided: February 02, 2018

Damon Dickerson, Lake City, pro se. No Appearance for Appellee.

Damon Dickerson appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief, where he alleged two grounds of ineffective assistance of counsel. Because Dickerson's motion was legally insufficient and it is not apparent that Dickerson cannot correct the defect, Dickerson is entitled to at least one opportunity to amend. See Spera v. State, 971 So.2d 754, 761 (Fla. 2007); Lamb v. State, 202 So.3d 118, 120 (Fla. 5th DCA 2016). Accordingly, we reverse and remand with instructions for the trial court to strike Dickerson's motion with leave to amend within a reasonable time.

REVERSE and REMAND with Instructions.

WALLIS, J.

SAWAYA and BERGER, JJ., concur.

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