Full Opinion

Third District Court of Appeal State of Florida Opinion filed October 14, 2026. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D26-0484 Lower Tribunal No. F16-18813 ________________ Manuel Gallardo, Appellant, vs. State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge. Manuel Gallardo, in proper person. James Uthmeier, Attorney General, and Liz Marie Feliz, Assistant Attorney General, for appellee. Before FERNANDEZ, MILLER, and BOKOR, JJ. MILLER, J. 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. 2