Herron v. State

WALLACE, Judge.

Trenton Herron filed a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 raising five claims with multiple subparts. The post-conviction court denied some claims and dismissed others as facially insufficient. Instead of setting a reasonable time limit of no more than thirty days for amending the facially insufficient claims as required by Spera v. State, 971 So.2d 754, 761 (Fla.2007), the postconviction court permitted amendment at any time within the two-year time limit of rule 3.850(b), which in Mr. Herron’s case does not expire until…