State of Florida v. Dillon James Graham

Ocala, Florida criminal defense lawyer represented the Defendant seeking postconviction relief.



In ground six of the motion, Appellant claims that the State

committed a Giglio[1] violation by introducing false testimony during his trial which helped secure his conviction. The trial court denied this claim, reasoning that Appellant alleged merely conclusory allegations and failed to state a legally valid claim. We agree that the claim is deficient, but Appellant did not receive an opportunity to amend. We therefore reverse for the trial court to give Appellant an opportunity to amend this claim, if he can do so in good faith. See Spera v. State, 971 So.2d 754, 762 (Fla. 2007) (holding that when 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); Howard v. State, 336 So.3d 391 (5th DCA 2022).



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CRIMINAL PROCEDURE. POSTCONVICTION RELIEF. The case involves an appeal from the denial of a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, where the appellant claimed a Giglio violation due to the introduction of false testimony at trial, which the lower court had summarily denied without allowing amendment.



CRIMINAL LAW. FALSE TESTIMONY ALLEGATION. The court addressed the issue of whether the appellant should be allowed an opportunity to amend his claim of a Giglio violation after providing only conclusory allegations, referencing Spera v. State regarding the requirement to permit at least one amendment for legally insufficient initial motions.

Key Phrases Trial court's order. Postconviction relief. Giglio violation. False testimony. Opportunity to amend.

Affirmed in part, reversed in part.