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Zimmershead v. State

Florida Court of Appeals, Fifth District
Mar 4, 2022
No. 5D21-1209 (Fla. Dist. Ct. App. Mar. 4, 2022)

Opinion

5D21-1209

03-04-2022

KAITLIN MARIE ZIMMERSHEAD, Appellant, v. STATE OF FLORIDA, Appellee.

Kaitlin Marie Zimmershead, Brooksville, pro se.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

3.850 Appeal from the Circuit Court for Citrus County, LT Case No. 2019-CF-001016-A Richard A. Howard, Judge.

Kaitlin Marie Zimmershead, Brooksville, pro se.

No Appearance for Appellee.

PER CURIAM

We affirm the summary denial of Appellant's Florida Rule of Criminal Procedure 3.850 motion for postconviction relief with one exception. As to Ground Four, Appellant contends that trial counsel was ineffective for failing to obtain a competency evaluation before Appellant entered an open plea. We reverse on this ground because while Appellant's motion was deficient, she has not received an opportunity to amend. See Williams v. State, 303 So.3d 1005, 1008 (Fla. 5th DCA 2020).

AFFIRMED in part; REVERSED in part; REMANDED.

EISNAUGLE, TRAVER and WOZNIAK, JJ., concur.


Summaries of

Zimmershead v. State

Florida Court of Appeals, Fifth District
Mar 4, 2022
No. 5D21-1209 (Fla. Dist. Ct. App. Mar. 4, 2022)
Case details for

Zimmershead v. State

Case Details

Full title:KAITLIN MARIE ZIMMERSHEAD, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Mar 4, 2022

Citations

No. 5D21-1209 (Fla. Dist. Ct. App. Mar. 4, 2022)