Florida District Courts of Appeal, 2012

McCoy v. State

McCoy v. State
Florida District Courts of Appeal · Decided July 11, 2012 · Gross, Polen, Warner
92 So. 3d 883; 2012 WL 2813861; 2012 Fla. App. LEXIS 11282 (Southern Reporter, Third Series)

McCoy v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Brooks v. State, 969 So.2d 238 (Fla. 2007). As to appellant’s request on appeal to assert new claims, Spera v. State, 971 So.2d 754, 761 (Fla. 2007), permits the amendment of claims where the trial court finds them legally insufficient. Here, the court did not find appellant’s one claim legally insufficient. Spera does not apply to permit the assertion of new, and now untimely, claims. Fla. R.Crim. P. 3.850(b).

WARNER, POLEN and GROSS, JJ., concur.

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