Opinion
No. 5D08-1319.
June 20, 2008. Rehearing Denied July 25, 2008.
3.850 Appeal from the Circuit Court for Orange County, Jenifer Davis, Judge.
Marcelino Herrera-Vega, Wewahitchka, pro se.
Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
Herrera-Vega appeals from the summary denial of his Rule 3.850 motion for post-conviction relief. As to grounds 1, 2, 5, and 9, the trial court properly found that Herrera-Vega's motion was facially insufficient. However, as conceded by the State, Herrera-Vega should have been granted the opportunity to file an amended motion, if he could do so in good faith. Spera v. State, 971 So.2d 754 (Fla. 2007). We affirm the remainder of the trial court's order.
AFFIRMED, in part; REVERSED in part; REMANDED.
PALMER, C.J., EVANDER and COHEN, JJ., concur.