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PRINCE v. STATE

No. 1D11-1193.

75 So.3d 349 (2011)

Al D. PRINCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 16, 2011.

Attorney(s) appearing for the Case

Al D. Prince , pro se, Appellant.

Pamela Jo Bondi , Attorney General, and Heather Flanagan Ross , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The state concedes that the trial court should have allowed the appellant to amend his first postconviction motion, deemed facially insufficient by the trial court, rather than denying it. See Spera v. State, 971 So.2d 754 (Fla.2007). The state further concedes that the trial court should have considered the three new claims submitted in an amended motion because the trial court had not yet ruled on the original...

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