Juarez v. State

ON MOTION FOR REHEARING and WRITTEN OPINION

SUAREZ, C.J.

We grant Gerson Juarez’s motion for rehearing of the opinion issued July 13, 2016, and for written opinion. We withdraw our prior opinion and substitute the following opinion in its stead.

On appeal from a summary denial of a petition for post-conviction relief, Juarez argues that he was entitled to an opportunity to amend his 3.850 petition after the trial court denied it for legal insufficiency. We agree. See Fla. R. Crim. P. 3.850(f)(2) (providing that “[i]f the motion is insufficient on its face, and the motion is timely filed under…