Legal Opinion

Boudreaux v. State

District Court of Appeal of Florida

Decided August 12, 2010No. 1D10-2367PublishedCited by 2 opinions

1Opinion of the CourtThomas, J.

We affirm the order dismissing Appellant’s motion for postconviction relief and amended motion for postconviction relief as untimely. Appellant filed a timely eleven-claim motion pursuant to Florida Rule of Criminal Procedure 3.850. The post-conviction court found that two of Appellant’s claims were facially insufficient and, pursuant to Spera v. State, 971 So.2d 754 (Fla.2007), permitted Appellant to file an amended motion within 60 days. Spera requires that a movant be given a “reasonable opportunity to amend insufficient claims”, and implies that the period not exceed 30 days. In the…

2Cases cited1 opinion

  1. Spera v. StateSupreme Court of Florida · 2007

3Cited by2 opinions

  1. Thier v. StateDistrict Court of Appeal of Florida · 2012
  2. Boudreaux v. StateSupreme Court of Florida · 2012

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