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92 So. 3d 883

McCoy v. State

District Court of Appeal of Florida · decided 2012-07-11

Relies on Spera v. State · 969 So. 2d 238 - Brooks v. State

Decided 2012-07-11

PER CURIAM.

¶1Affirmed. 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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