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
SHARRON DESHAZIER,
Appellant,
v. Case No. 5D16-1184
STATE OF FLORIDA,
Appellee.
/
Opinion filed September 23, 2016
3.850 Appeal from the Circuit Court
for Orange County,
Renee A. Roche, Judge.
Sharron Deshazier, Lowell, pro se.
No Appearance for Appellee.
PER CURIAM.
Sharron Deshazier appeals the summary denial of his Florida Rule of Criminal
Procedure 3.850 motion for postconviction relief in which he alleged ineffective assistance
of trial counsel. We conclude that although the allegations set forth in Ground One and
a part of Ground Four (the alleged failure to depose Marty Carr or Steven Reed) were
legally insufficient, Deshazier should have been afforded the opportunity to amend these
particular claims. S e e Spera v. State, 971 So. 2d 754, 761-62 (Fla. 2007). The trial
court’s order is otherwise affirmed.
AFFIRMED, in part; REVERSED, in part; and REMANDED.
ORFINGER, TORPY and EVANDER, JJ., concur.
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