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Kenneth Harold McCOY, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2012-07-11No. No. 4D11-1338
92 So. 3d 883

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Opinion

majority opinion

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.