Valle v. State

This is an appeal of an order denying a combined motion under Florida Rules of Criminal Procedure 3.850 and 3.800(a). We affirm with regard to the first claim but, as conceded by the State, with leave for defendant-appellant Valle to file an amended motion if he has a good faith basis to do so. See Spera v. State, 971 So.2d 754 (Fla.2007). The defendant shall file the amended motion, if any, within sixty days after the issuance of this court’s mandate.

With regard to the second claim, the State concedes that the present postcon-viction record does not conclusively refute the claim. While the…