Havens v. State

SILBERMAN, Judge.

ORDER RELINQUISHING JURISDICTION FOR ENTRY OF A FINAL POSTCONVICTION ORDER

Rodney D. Havens filed a timely motion for postconviction relief asserting five claims of ineffective assistance of counsel. On August 26, 2009, the circuit court denied four of the claims but dismissed claim five “without prejudice to provide the Defendant the opportunity to make these claims facially sufficient” and to file an amended motion within thirty days. This was the appropriate procedure under Spera v. State, 971 So.2d 754, 755 (Fla.2007). In the same order, the circuit court notified Havens…