KEITH MARSHALL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Nelson v. State, 977 So. 2d 710 (Fla. 1st DCA 2008)
  …ra v. State, 971 So. 2d 754 (Fla.2007). The procedure articulated in Spera allows a defendant an opportunity to amend facially insufficient postconviction claims unless the claims cannot-be corrected. See id. at 755, 761; see also Prevost v. State, 972 So. 2d 274 (Fla. 1st DCA 2008) (holding that Spera allows the defendant one opportunity to cure the deficient claims within 30 days, and if no amendment is filed within the allowed time, claims may be denied with prejudice). Spera’s procedure applies uniformly…
• Lamb v. State, 202 So. 3d 118 (Fla. 5th DCA 2016)
  …port the denial. Otherwise, the court must hold an evidentiary hearing. If Lamb fails to file her motion, then the post-conviction court may thereafter enter a final order denying the facially insufficient claim with prejudice. See Prevost v. State, 972 So. 2d 274, 275 (Fla. 1st DCA 2008).…
• Daniels v. State, 66 So. 3d 328 (Fla. 1st DCA 2011)
  …ostconviction defendants have unlimited opportunities to amend a facially insufficient motion. Spera requires only that courts give defendants one opportunity to amend. See Oquendo v. State, 2 So. 3d 1001, 1006 (Fla. 4th DCA 2008); Prevost v. State, 972 So. 2d 274, 275 (Fla. 1st DCA 2008). After this one opportunity is given, courts are not required to give additional chances. See Nelson v. State, 977 So. 2d 710, 711 (Fla. 1st DCA 2008) (stating “[although a trial court in its discretion may grant more than o…

Authorities Cited

• State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)