Carbajal v. State

VILLANTI, Judge.

Vincente Carbajal appeals an order dismissing as successive the second of two timely filed motions for postconviction relief. Some of Carbajal’s allegations are ambiguous or facially insufficient; consequently, the files and records accompanying the postconviction court’s dismissal order do not fully support a conclusion that all of his claims are successive. Because the postconviction court should have given Carbajal one opportunity to amend his motion before dismissing it as successive, we affirm in part, reverse in part, and remand for further proceedings.

In 2011, Carbajal…