Manuel Gallardo v. State of Florida

Third District Court of Appeal
State of Florida
Opinion filed October 14, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-0484
Lower Tribunal No. F16-18813
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Manuel Gallardo,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.
Manuel Gallardo, in proper person.
James Uthmeier, Attorney General, and Liz Marie Feliz, Assistant
Attorney General, for appellee.
Before FERNANDEZ, MILLER, and BOKOR, JJ.
MILLER, J.

2
Appellant, Manuel Gallardo, challenges a lower court order summarily
denying his motion for postconviction relief under Florida Rule of Criminal
Procedure 3.850. We affirm in all respects, save as to the first ground. To
the extent the trial court denied relief because that claim was legally
insufficient, we reverse and remand with instructions to afford Gallardo an
opportunity to amend. See Spera v. State, 971 So. 2d 754, 761 (Fla. 2007)
(“[W]hen 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.”); Fla.
R. Crim. P. 3.850(h)(2) (2025) (“If the motion is insufficient on its face, and
the motion is timely filed under this rule, the court shall enter a nonfinal,
nonappealable order allowing the defendant 60 days to amend the motion.”).
Affirmed in part; reversed in part; remanded.