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Zimmershead v. State

District Court of Appeal of Florida, Fifth District.
Mar 4, 2022
333 So. 3d 1201 (Fla. Dist. Ct. App. 2022)

Opinion

Case No. 5D21-1209

03-04-2022

Kaitlin Marie ZIMMERSHEAD, Appellant, v. STATE of Florida, Appellee.

Kaitlin Marie Zimmershead, Brooksville, pro se. No Appearance for Appellee.


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

District Court of Appeal of Florida, Fifth District.
Mar 4, 2022
333 So. 3d 1201 (Fla. Dist. Ct. App. 2022)
Case details for

Zimmershead v. State

Case Details

Full title:Kaitlin Marie ZIMMERSHEAD, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Mar 4, 2022

Citations

333 So. 3d 1201 (Fla. Dist. Ct. App. 2022)