ZIMMERSHEAD v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Kaitlin Marie ZIMMERSHEAD, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-1209

Decided: March 04, 2022

Kaitlin Marie Zimmershead, Brooksville, pro se. No Appearance for Appellee.

We affirm the summary denial of Appellant's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief with one exception. As to Ground Four, Appellant contends that trial counsel was ineffective for failing to obtain a competency evaluation before Appellant entered an open plea. We reverse on this ground because while Appellant's motion was deficient, she has not received an opportunity to amend. See Williams v. State, 303 So. 3d 1005, 1008 (Fla. 5th DCA 2020).

AFFIRMED in part; REVERSED in part; REMANDED.

PER CURIAM.

EISNAUGLE, TRAVER and WOZNIAK, JJ., concur.

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