IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
FREDDY D. WADDELL,
Appellant,
v. Case No. 5D18-694
STATE OF FLORIDA,
Appellee.
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Opinion filed June 1, 2018
3.850 Appeal from the Circuit Court
for Citrus County,
Richard A. Howard, Judge.
Freddy D. Waddell, Crawfordville, pro se.
No Appearance for Appellee.
PER CURIAM.
Freddy D. Waddell appeals the summary denial of his motion for postconviction
relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm as to Grounds
One, Two, and Four of Waddell’s motion without further discussion. In Ground Three,
Waddell contends that his trial counsel was ineffective for failing to object to a statement
made by the trial court regarding Waddell’s maximum possible sentence that allegedly
showed prejudice. Because this claim was facially insufficient, Waddell should have the
opportunity to amend it. See Parsons v. State, 981 So. 2d 1249, 1250 (Fla. 5th DCA
2008) (“[A] defendant who files a legally insufficient rule 3.850 motion should be given at
least one opportunity to correct the deficiency, unless it is apparent that the defect cannot
be corrected.”). We therefore reverse and remand on Ground Three for the
postconviction court to provide Waddell the opportunity to amend the claim in good faith.
AFFIRMED in part; REVERSED in part; REMANDED.
COHEN, C.J., SAWAYA and BERGER, JJ., concur.
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