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HERRERA-VEGA v. STATE

No. 5D08-1319.

987 So.2d 110 (2008)

Marcellino HERRERA-VEGA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 25, 2008.

Attorney(s) appearing for the Case

Marcelino Herrera-Vega, Wewahitchka, pro se.

Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Herrera-Vega appeals from the summary denial of his Rule 3.8501 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

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