
    Kenneth Harold McCOY, Appellant, v. STATE of Florida, Appellee.
    No. 4D11-1338.
    District Court of Appeal of Florida, Fourth District.
    July 11, 2012.
    
      Kenneth Harold McCoy, East Palatka, pro se.
    No appearance required for appellee.
   PER CURIAM.

Affirmed. See Brooks v. State, 969 So.2d 238 (Fla.2007). As to appellant’s request on appeal to assert new claims, Spera v. State, 971 So.2d 754, 761 (Fla.2007), permits the amendment of claims where the trial court finds them legally insufficient. Here, the court did not find appellant’s one claim legally insufficient. Spera does not apply to permit the assertion of new, and now untimely, claims. Fla. R.Crim. P. 3.850(b).

WARNER, POLEN and GROSS, JJ., concur.  