Manuel Gallardo, Appellant, v. State of Florida, Appellee. (2026)

Appellant, Manuel Gallardo, challenges a lower court order summarily denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We affirm in all respects, save as to the first ground. To the extent the trial court denied relief because that claim was legally insufficient, we reverse and remand with instructions to afford Gallardo an opportunity to amend. See Spera v. State, 971 So. 2d 754, 761 (Fla. 2007) (“[W]hen a defendant's initial rule 3.850 motion for postconviction relief 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.”); Fla. R. Crim. P. 3.850(h)(2) (2025) (“If the motion is insufficient on its face, and the motion is timely filed under this rule, the court shall enter a nonfinal, nonappealable order allowing the defendant 60 days to amend the motion.”).

Affirmed in part; reversed in part; remanded.

MILLER, J.